Molinari v. City of Boston

The plaintiffs appeal from an order of the Superior Court sustaining the defendant’s demurrer to their amended declaration. In count 1 it is alleged that the plaintiff Marie Molinari on January 25, 1954, while a pupil in attendance at the Christopher Gibson School, a public school of the defendant, was “wilfully and recklessly ordered and compelled by an agent and/or employee of the defendant to assume and occupy a position of danger to her health and safety; to wit, a position in . . . [The] classroom close to an exposed, extremely hot and dangerous steam radi ator and/or pipes, which . . .…