Poirier v. Town of Plymouth

I do not agree

with point 2 of the opinion of the court. In my view liability in the present case cannot be reconciled with nonliability in such cases as Burr v. Massachusetts Elec. Co., 356 Mass. 144, 147 (1969), and Hannon v. Hayes-Bickford Lunch Sys., Inc., 336 Mass. 268, 273-274 (1957). But I join in the balance of the court’s opinion and in the result, particularly the overruling of the doctrine of Afienko v. Harvard Club of Boston, 365 Mass. 320, 327-328 (1974), limiting liability to cases where the defendant fails to disclose “hidden or concealed defects” of which “it was aware or…