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4 Mass. App. Ct. 251 (1976)
345 N.E.2d 738
CHARLES P. FLEMING & another
WILLIAM A. KEANE & another.
Appeals Court of Massachusetts, Middlesex.
February 16, 1976.
March 31, 1976.
Present: HALE, C.J., KEVILLE, & GRANT, JJ.
*252 Richard E. Gerencser for the plaintiffs.
James F. Flannery for the defendants.
After a trial by jury the plaintiffs appeal from a judgment for the defendants. The theory of the plaintiffs’ case is that the defendants created a nuisance upon land belonging to the plaintiffs, located in Billerica, by allowing a blocked sewer line to become saturated with sewage, thereby contaminating a drinking well on the property. The plaintiffs were not the owners of this well at the time that the sewage was deposited in it. They alleged that they were damaged by a resulting contamination of the well water which has affected the health of their children, and will continue to do so.
The plaintiffs, Charles P. Fleming and his wife, owned lot five of Mosswood Terrace, a development in Billerica, at all relevant times. The other plaintiff, Eleanor E. Fleming, is Charles’ mother, and owns the land on which the well is located. The defendant Keane is the superintendent of the town’s water system. The defendant Keane’s estate is the successor in title to the estate of the defendant Newberry, the operator of the town’s sewage system. The well in question was placed in operation at an earlier date than the installation of the various sewage lines.
Upon the defendants’ motion the plaintiffs’ complaint was dismissed in toto after it had been amended once. The plaintiffs appealed and we treat the appeal as being from the interlocutory order and judgment under the provisions of G.L.c. 231, § 109.
The defendants argue that neither Keane nor Newberry had the authority, express or implied, to place the offending line into service.