Goldman v. City Boston

CARROLL, J. The plaintiff seeks to recover for damage to his real estate caused in November, 1927, by the breaking of a water pipe belonging to the defendant. The plaintiff testified that the cellar of his home was flooded by water coming from a water main. There was evidence that in November, 1927, a break was discovered in the pipe, triangular in shape, three feet wide at the bell end of the pipe and 'running from that width down to nothing'; that the pipe was laid in 1898; that in 1911 a break occurred in the same section of the pipe, one thousand feet distant from the break of 1927; that the part of the pipe broken in 1911 was laid on a rock, 'which would produce a break that would not occur in gravelly soil'; that the section of the pipe broken in 1927 was laid in good gravel soil; and that a pipe resting on a rock will break at the resting point.