Legal Opinion

Baird v. Massachusetts Bay Transportation Authority

Massachusetts District Court, Appellate Division

Decided June 29, 1990Published

1Opinion of the CourtHershfang, J.

This case concerns the applicability and effect of G.Lc. 84, §§ 1, 15 and 183 which establish and limit governmental liability for and require written notice of alleged defects in the public way. Plaintiffs have appealed the trial judge’s grant of defendant MBTA’s motion for summary judgment. For the reasons that follow we believe that the judge was correct

For the purposes of considering defendant MBTA’s motion for summary judgment, we view the facts from plaintiffs’ perspective. Foley v. Matulewicz, 17 Mass. App. Ct. 1004, 1005 (1984).

From the report we learn the following:

On July 1, 1978…

2Cases cited11 opinions

  1. Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
  2. Foley v. MatulewiczMassachusetts Appeals Court · 1984
  3. Huff v. City of HolyokeMassachusetts Supreme Judicial Court · 1982
  4. Paddock v. Town of BrooklineMassachusetts Supreme Judicial Court · 1964
  5. Trioli v. Town of SudburyMassachusetts Appeals Court · 1983

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