CLARK-AIKEN CO. V. CROMWELL-WRIGHT CO.
323 N.E.2d 876 (1975)
NATURE OF THE CASE: The Superior court reported the question of whether the claim for
strict liability of Clark (P), damaged property owner, set forth a cause of action after
sustaining the demurrer of Cromwell (D), neighboring property owner wherein the water stored
on D's property damaged P.
FACTS: P alleged strict liability in seeking to recover for damage caused when water
allegedly stored behind a dam on D's property was released and flowed onto P's property. The
Superior Court sustained D's demurrer on the ground that 'strict liability does not allege a
cause of action under the law of this Commonwealth. The court held that, 'in order to
recover for damage caused by the water which escaped from the dam owned by Ds, Ps must
allege and prove that the escape was caused by intentional or negligent fault of some person
or entity.' There was no proof of intentional or negligent conduct and the court dismissed
the complaint. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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