REYNOLDS BOAT CO. INC. v. HAVERHILL


357 Mass. 668 (1970)

260 N.E.2d 176

REYNOLDS BOAT COMPANY, INC. & others vs. CITY OF HAVERHILL.

Supreme Judicial Court of Massachusetts, Essex.

June 12, 1970.


Attorney(s) appearing for the Case

Richard P. Hamel for the plaintiffs.

John J. Ryan, III, City Solicitor (Ashod N. Amirian, Assistant City Solicitor, with him), for the defendant.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & QUIRICO, JJ.


WILKINS, C.J.

In this action of tort for negligence there were three substantially identical counts brought respectively by Reynolds Boat Company, Inc., Kenneth Reynolds, and Teresa Reynolds.

Each count alleged that the city "promise[d]" to and undertook to provide water for the plaintiff's use and "undertook to provide the plaintiff with adequate water to service hydrants in the area for whatever use the said hydrant should be put, that the defendant knew...

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