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LAMBERT v. METROPOLITAN TRANSIT AUTHORITY

339 Mass. 94 (1959)

157 N.E.2d 869

EDWARD D. LAMBERT & another vs. METROPOLITAN TRANSIT AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 23, 1959.

Attorney(s) appearing for the Case

Thomas A. Brett, for the plaintiffs.

Vincent M. Banks, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.

WILLIAMS, J.

This is an action of tort brought by a five year old boy to recover for personal injuries and by his father to recover for consequential damage resulting from the fall of an iron fence owned and maintained by the defendant on its property adjoining Mather Street in the Dorchester section of Boston. It was alleged that the defendant was responsible for the fall by its negligence in permitting the fence to have become "defective, deteriorated and loose...

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