Powers v. City of Worcester

The plaintiff Kim Powers sued the defendant City of Worcester asserting liability under General Laws, Chapter 84, §15 relative to the maintenance of the surface of a crosswalk. The City of Worcester denied any liability and brought an action against Ed Strout & Co., Inc. as a third party defendant.

From the Report, we learn that in 1983 the City of Worcester entered into a contract with Ed Strout & Co., Inc. whereby Strout was to install certain water mains. Part of the contract obligated Strout to remove certain valve top boxes from the old mains. The valve top box in issue was approximately…