Clark-Aiken Company v. Cromwell-Wright Company case brief
323 N.E.2d 876 (Mass. 1975)
SYNOPSIS:
Pursuant to Mass. Gen. Laws ch. 231, § 111, the Superior Court, Berkshire County (Massachusetts) reported the question of whether the claim for strict liability of plaintiff damaged property owner set forth a cause of action under Massachusetts law to the court after sustaining the demurrer of defendant neighboring property owner. The claim arose out of damage caused by water stored on the defendant's property.
OVERVIEW: Plaintiff damaged property owner filed a complaint alleging negligence and strict liability arising out of damage caused when water allegedly stored behind a dam on the property of defendant neighboring property owner was released and flowed onto plaintiff's property. The trial court granted defendant's demurrer as to plaintiff's claim for strict liability. The trial court reported the question of whether plaintiff's strict liability claim set forth a cause of action in Massachusetts to the court.
HOLDING:
On review of the question, the court held that strict liability was recognized as a cause of action in Massachusetts. The court reversed the decision of the trial court granting defendant's demurrer as to plaintiff's strict liability count because the count could be construed as setting forth sufficient facts to support all the elements of the plaintiff's claim for strict liability for an abnormally dangerous activity.
ANALYSIS:
The court alleged that the defendant carried on the challenged activity for its own benefit, that said activity was dangerous and created a risk of harm to the plaintiff, that the danger created in fact ensued, and that the plaintiff was damaged.
RULES:
One who carries on an abnormally dangerous activity is subject to liability for harm resulting from the activity, although he has exercised the utmost care to prevent such harm. The factors to be considered in determining whether the activity in question is to be considered "abnormally dangerous" are (a) whether the activity involves a high degree of risk of harm to the person, land or chattels of others; (b) whether the gravity of the harm which may result from it is likely to be great; (c) whether the risk cannot be eliminated by the exercise of reasonable care; (d) whether the activity is not a matter of common usage; (e) whether the activity is inappropriate to the place where it is carried on; and (f) the value of the activity to the community.
OUTCOME: The court held that strict liability with regard to an abnormally dangerous activity was recognized as a cause of action under the law of Massachusetts. The court reversed the order granting the demurrer of defendant neighboring property owner as to the strict liability count because plaintiff damaged property owner alleged sufficient facts to support all the elements of the claim for strict liability.
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323 N.E.2d 876 (Mass. 1975)
SYNOPSIS:
Pursuant to Mass. Gen. Laws ch. 231, § 111, the Superior Court, Berkshire County (Massachusetts) reported the question of whether the claim for strict liability of plaintiff damaged property owner set forth a cause of action under Massachusetts law to the court after sustaining the demurrer of defendant neighboring property owner. The claim arose out of damage caused by water stored on the defendant's property.
OVERVIEW: Plaintiff damaged property owner filed a complaint alleging negligence and strict liability arising out of damage caused when water allegedly stored behind a dam on the property of defendant neighboring property owner was released and flowed onto plaintiff's property. The trial court granted defendant's demurrer as to plaintiff's claim for strict liability. The trial court reported the question of whether plaintiff's strict liability claim set forth a cause of action in Massachusetts to the court.
HOLDING:
On review of the question, the court held that strict liability was recognized as a cause of action in Massachusetts. The court reversed the decision of the trial court granting defendant's demurrer as to plaintiff's strict liability count because the count could be construed as setting forth sufficient facts to support all the elements of the plaintiff's claim for strict liability for an abnormally dangerous activity.
ANALYSIS:
The court alleged that the defendant carried on the challenged activity for its own benefit, that said activity was dangerous and created a risk of harm to the plaintiff, that the danger created in fact ensued, and that the plaintiff was damaged.
RULES:
One who carries on an abnormally dangerous activity is subject to liability for harm resulting from the activity, although he has exercised the utmost care to prevent such harm. The factors to be considered in determining whether the activity in question is to be considered "abnormally dangerous" are (a) whether the activity involves a high degree of risk of harm to the person, land or chattels of others; (b) whether the gravity of the harm which may result from it is likely to be great; (c) whether the risk cannot be eliminated by the exercise of reasonable care; (d) whether the activity is not a matter of common usage; (e) whether the activity is inappropriate to the place where it is carried on; and (f) the value of the activity to the community.
OUTCOME: The court held that strict liability with regard to an abnormally dangerous activity was recognized as a cause of action under the law of Massachusetts. The court reversed the order granting the demurrer of defendant neighboring property owner as to the strict liability count because plaintiff damaged property owner alleged sufficient facts to support all the elements of the claim for strict liability.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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