Massachusetts Supreme Judicial Court June 30, 1950 (Felch v. D'AMICO)

Williams, J.

In this action of tort there was evidence that the plaintiff owned a house on Tuttle Street in Dorchester which was connected with the street sanitary sewer by a soil pipe. Sometime in December, 1946, the sewage from the house “became sluggish” and about the middle of January, 1947, “backed up into . . . [the plaintiff’s] kitchen sink . . . set tubs and cellar, causing damage.