Clark-Aiken Co. v. Cromwell-Wright Co.

323 N.E.2d 876 (1975)

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Nature of the Case

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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.