City of Boston v. A. W. Perry, Inc.

This is an action of “contract or tort” in which the plaintiff seeks to recover the amount of a judgment recovered against it, by one Rose Murphy, as compensation for personal injuries sustained by her by reason of the defective condition of certain “hyatt” lights in the sidewalk adjacent to premises owned by the defendant. There are several counts in the declaration, but the only one to be considered is based upon c. 27, § 18, of the revised ordinances of 1925 of the plaintiff city, which is set out below.

It is admitted for the purposes of the case that, from-1920 down through the date of…