MARSDEN v. EASTERN GAS & FUEL ASSOCIATES


7 Mass. App. Ct. 27 (1979)

385 N.E.2d 528

MARIE DOWD MARSDEN vs. EASTERN GAS & FUEL ASSOCIATES.

Appeals Court of Massachusetts, Suffolk.

February 8, 1979.


Attorney(s) appearing for the Case

Robert H. Flynn for the defendant.

Irving H. Sheff for the plaintiff.

Present: HALE, C.J., ROSE, & BROWN, JJ.


HALE, C.J.

On November 8, 1969, the plaintiff was injured when the automobile in which she was a passenger went into a ditch off a certain private way in the city of Everett, known as Beacham Street or Beacham Way. The plaintiff alleged that the defendant Eastern Gas & Fuel Associates (a) controlled Beacham Street, (b) had a duty to keep an maintain the way in a safe condition, and (c) failed to do so. The defendant's motion for a directed verdict was denied,...

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