Morash & Sons, Inc. v. Commonwealth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• discussing waiver of sovereign immunity implicit in St. 1887, c. 246, and its successor statute
• noting desirability of limits and exceptions to governmental liability, based upon considerations of justice and public policy
• Commonwealth liable for private nuisance, could be enjoined from storing road salt so as to pollute water supply on adjacent property
• Commonwealth not immune from liability where it creates Or maintains private nuisance that causes injury to real property of another
• Commonwealth liable at common law for creating or maintaining a private nuisance which causes injury to the real property of another
• “Municipal liability for private nuisances arises from a court made exception to the rule of governmental immunity”

Source: CourtListener parenthetical corpus (CC0).