Clark-Aiken Co. v. Cromwell-Wright Co.
Massachusetts Supreme Judicial Court
323 N.E.2d 876 (1975)
Relevant factsFree
Clark-Aiken Company (plaintiff) sued Cromwell-Wright Company (defendant) after water stored behind a dam on Cromwell-Wright's property escaped and flooded Clark-Aiken's land. Clark-Aiken pleaded both negligence and strict liability. The trial court ruled that Clark-Aiken had to prove intentional or negligent conduct to recover, and because it offered no such proof, dismissed the complaint. Clark-Aiken appealed.
IssueFree
Whether a person or entity that carries on an abnormally dangerous activity is subject to strict liability for resulting harm even though it exercised the utmost care to prevent that harm.