Legal Opinion
January v. Town of Marshfield
Massachusetts District Court, Appellate Division
Decided November 6, 1995PublishedCited by 1 opinion
1Opinion of the CourtMartin, J.
Pursuant to Dist./Mun. Cts. R. A. D. A, Rule 8A, the defendant hereby appeals the decision of the district court judge awarding the plaintiff $2,094.10 in damages; we reverse.
The plaintiff brought an action against the defendant, Town of Marshfield, under G.L.c. 84, §15 alleging a defect in a way owned and controlled by the defendant town. The Court found total damages for the plaintiff in the amount of $2,326 and found the plaintiff to be 10% comparatively negligent assessing final damages of $2,094.10.
CONCLUSION
Recovery against the Town of Marshfield is barred because the Court found the…
2Cases cited10 opinions
- Paddock v. Town of BrooklineMassachusetts Supreme Judicial Court · 1964
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- O'Connell v. City of CambridgeMassachusetts Supreme Judicial Court · 1927
- Scholl v. New England Power Service Co.Massachusetts Supreme Judicial Court · 1960
- Dooling v. City of MaldenMassachusetts Supreme Judicial Court · 1927
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Safety Insurance v. City of BostonMassachusetts District Court, Appellate Division · 2009