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FLANNERY v. STATE MUTUAL LIFE ASSURANCE CO.

339 Mass. 699 (1959)

162 N.E.2d 29

WILLIAM FLANNERY vs. STATE MUTUAL LIFE ASSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Worcester.

November 6, 1959.

Attorney(s) appearing for the Case

Sumner W. Elton, for the plaintiff, submitted a brief.

Matthew R. McCann, for the defendant State Mutual Life Assurance Company.

Harry J. Meleski, City Solicitor, & Andrew F. McCarthy, Assistant City Solicitor, for the city of Worcester, submitted a brief.

Present: WILKINS, C.J., RONAN, COUNIHAN, & WHITTEMORE, JJ.

RONAN, J.

This is an action of tort to recover damages against the State Mutual Life Assurance Company, an abutter, and the city of Worcester for injuries sustained by the plaintiff in crossing Main Street, a public way in the defendant city, when his foot caught in the open end of a pipe which terminated at the outer face of the curbstone and which served as a ventilator for the sanitary sewerage system of the assurance...

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