KARGMAN v. BOSTON WATER & SEWER COMMISSION


18 Mass. App. Ct. 51 (1984)

463 N.E.2d 350

MAX R. KARGMAN & others vs. BOSTON WATER AND SEWER COMMISSION.

Appeals Court of Massachusetts, Suffolk.

April 25, 1984.


Attorney(s) appearing for the Case

Edward Rabinovitz (Roger B. Sherman with him) for the plaintiffs.

Laura Steinberg (Barbara J. Levine with her) for the defendant.

Present: DREBEN, HALE, & KASS, JJ.


HALE, J.

This case presents the issue whether the Boston Water and Sewer Commission (commission) is a "public employer" as that term is defined in the Massachusetts Tort Claims Act (the Act), G.L.c. 258, as appearing in St. 1978, c. 512, § 15.

The plaintiffs filed a complaint in March, 1979, against the city of Boston, alleging that in July of 1978 damage had been caused negligently to the plaintiffs' Tremont Street apartment complex by water flooding...

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