Flannery v. State Mutual Life Assurance Co.

This is an action of tort to recover damages against the State Mutual Life Assurance Company, an abutter, and the city of Worcester for injuries sustained by the plaintiff in crossing Main Street, a public way in the defendant city, when his foot caught in the open end of a pipe which terminated at the outer face of the curbstone and which served as a ventilator for the sanitary sewerage system of the assurance company’s building. The pipe in which the plaintiff caught his foot was similar to a drain pipe, and was unprotected by grating. The plaintiff was thrown upon the sidewalk and…