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MILES PLUMBING & HEATING CO. v. BROCKTON

17 Mass. App. Ct. 33 (1983)

455 N.E.2d 992

MILES PLUMBING & HEATING CO., INC. vs. CITY OF BROCKTON.

Appeals Court of Massachusetts, Plymouth.

October 27, 1983.

Attorney(s) appearing for the Case

Frank A. Gaynor, III, for the plaintiff.

Joseph I. Sousa, Assistant City Solicitor, for the defendant.

Present: PERRETTA, KAPLAN, & WARNER, JJ.

KAPLAN, J.

As the events in suit occurred before the sweeping legislative reform of the doctrines of governmental immunity (St. 1978, c. 512, G.L.c. 258), we have to apply the convoluted and rather arbitrary common law of the subject. See the comments on the older law in Whitney v. Worcester, 373 Mass. 208 (1977).

The plaintiff, Miles Plumbing & Heating Co., Inc., sued the city of Brockton for damage done...

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