GOLDEN v. AMORY Sup. Jud. Ct of Mass., 329 Ma. 484, l09 N.E.2d 131 (1952). CASE BRIEF

GOLDEN V. AMORY

Sup. Jud. Ct of Mass., 329 Ma. 484, l09 N.E.2d 131 (1952)

NATURE OF THE CASE: Golden (Ps) sought review of the judgments of the Superior Court in favor of Amory (Ds) in an action to recover damages as a result of negligent operation of a dike.

FACTS: Amory (D) owned a hydroelectric plant and built a dike on the river. A hurricane caused the river to overflow and that in turn damaged Golden's (P) land. P sued D for both strict liability and negligence; no permit had been obtained to build the dike and the dike was negligently maintained. P relied upon the rule of Fletcher v. Rylands. The verdict was directed for D and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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