Legal Opinion
Tryon v. City of Lowell
Massachusetts Appeals Court
Decided January 18, 1991No. 89-P-728PublishedCited by 20 opinions
1Opinion of the CourtIreland, J.
This is an appeal from a judgment under Mass. R. Civ. P. 56, 365 Mass. 824 (1974), in favor of the defendant, the city of Lowell (city), 3 based on a conclusion that the city was not liable for its failure to maintain a fence on city property. We think that the record before the judge presented genuine issues of material fact to be resolved concerning the city’s duty to maintain the fence. The Superior Court judge based her decision on three grounds: (1) the city had no duty of care to the plaintiff, because he was injured on a railroad track, not city property; (2) the city had no special…
2Cases cited15 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- Irwin v. Town of WareMassachusetts Supreme Judicial Court · 1984
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Patrazza v. CommonwealthMassachusetts Supreme Judicial Court · 1986
- Cady v. Plymouth-Carver Regional School DistrictMassachusetts Appeals Court · 1983
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3Cited by20 opinions
- Zavras v. Capeway Rovers Motorcycle Club, Inc.Massachusetts Appeals Court · 1997
- Barnett v. City of LynnMassachusetts Supreme Judicial Court · 2001
- Alter v. City of NewtonMassachusetts Appeals Court · 1993
- Greenwood v. Town of EastonMassachusetts Supreme Judicial Court · 2005
- Wheeler v. Boston Housing AuthorityMassachusetts Appeals Court · 1993
15 more not listed; retrieve them via the Exa API.