Bateman v. Massachusetts Bay Transportation Authority

The judge correctly ruled that the duty of the Massachusetts Bay Transportation Authority (MBTA) with regard to the repair of public ways traversed by its vehicles, and hence its liability for the want of such repair, is governed by G. L. c. 161, § 89, by virtue of the incorporation of c. 161 in the MBTA enabling legislation (G. L. c. 161A, § 21) and that of its predecessor, the Metropolitan Transit Authority (MTA) (St. 1947, c. 544, §§ 20, 26). See Hawkes v. Metropolitan Transit Authy., 328 Mass. 140, 142 n.1 (1951). The plaintiff’s reliance on St. 1923, c. 358, § 1, imposing such liability…