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FREETOWN v. NEW BEDFORD WHOLESALE TIRE, INC.

384 Mass. 60 (1981)

423 N.E.2d 997

TOWN OF FREETOWN vs. NEW BEDFORD WHOLESALE TIRE, INC., & others.

Supreme Judicial Court of Massachusetts, Bristol.

July 16, 1981.

Attorney(s) appearing for the Case

Philip N. Beauregard (Carleton A. Lees, Town Counsel, with him) for the plaintiff.

David A. McLaughlin for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, LIACOS, ABRAMS, & NOLAN, JJ.

BRAUCHER, J.

The plaintiff town seeks to recover from the defendants its cost of fighting a fire on land of the defendant corporation. It claims damages on the basis of common law tort liability for negligence or misrepresentation and on the basis of G.L.c. 266, § 8, and G.L.c. 111, § 145. The complaint was dismissed in the Superior Court under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), and we transferred the plaintiff's appeal to this court on our...

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