CHIEF, THE FIRE DEPT. OF BOSTON v. S.L. APART., INC.


346 Mass. 685 (1964)

195 N.E.2d 536

CHIEF OF THE FIRE DEPARTMENT OF BOSTON vs. SUTHERLAND APARTMENTS, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 13, 1964.


Attorney(s) appearing for the Case

Leo Gordon for the defendant.

William H. Kerr for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.


SPIEGEL, J.

This is an appeal from a decree of the Superior Court ordering the defendant to comply with a regulation of the Board of Fire Prevention Regulations, which provides, in pertinent part, that "any inner court not protected by a roof which will support a load of 40 lbs. per square foot shall have a substantial parapet or barrier at least 30 inches high." This suit was brought under G.L.c. 148, § 30.

The facts do not appear to be in dispute. The...

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