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HALEY v. MOYEN CONSTRUCTION CORP.

381 Mass. 239 (1980)

408 N.E.2d 864

BARBARA HALEY & another vs. MOYEN CONSTRUCTION CORP. & another.

Supreme Judicial Court of Massachusetts, Plymouth.

August 4, 1980.

Attorney(s) appearing for the Case

Mario P. Alfieri (Robert C. Betters with him) for the plaintiffs.

Francis J. Lynch for Mayflower Cooperative Bank Corp.

Louis Barsky for Moyen Construction Corp.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

KAPLAN, J.

The plaintiffs were defeated by a defense of assumption of risk which they were content to assume was unaffected by 1969 legislation introducing a scheme of comparative negligence in the Commonwealth. The question whether comparative negligence should be held to displace assumption of risk was not raised by the plaintiffs, and we leave it untouched.3 We deal, then, with conventional...

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