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NEW ENGLAND MOBILE BOOK FAIR, INC. v. BOSTON

2 Mass. App. Ct. 404 (1974)

313 N.E.2d 149

NEW ENGLAND MOBILE BOOK FAIR, INC. vs. CITY OF BOSTON (and a companion case).

Appeals Court of Massachusetts, Suffolk, Middlesex.

May 21, 1974.

July 2, 1974.

Attorney(s) appearing for the Case

Lawrence H. Adler (George F. Hurley with him) for the plaintiffs.

Gerard A. Powers, Assistant Corporation Counsel, for the city of Boston.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

GRANT, J.

These are separate actions of tort brought in the Superior Court by Lee Development Company, Inc. (Lee), as the owner of the building at 1980 Centre Street in the West Roxbury district of Boston, and by New England Mobile Book Fair, Inc. (Book Fair), as the tenant at will of the basement of that building, to recover the damages respectively sustained by them by reason of the negligence of the defendant city in its maintenance of the water supply to the automatic...

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