LEARY v. BOSTON


20 Mass. App. Ct. 605 (1985)

481 N.E.2d 1184

RICHARD T. LEARY, administrator, & another vs. CITY OF BOSTON.

Appeals Court of Massachusetts, Suffolk.

August 16, 1985.


Attorney(s) appearing for the Case

Howard P. Speicher, Special Assistant Corporation Counsel, for the defendant.

George A. McLaughlin, Jr., for the plaintiff.

Present: GRANT, KAPLAN, & DREBEN, JJ.


DREBEN, J.

On August 25, 1972, a tragic accident occurred in Jamaica Pond Park. Contrary to their parents' instructions, eight year old Richard T. Leary, Jr., and two friends, aged six and eight, entered the park. Crossing a grassy area, they went to the shore of the pond, took off their shoes and socks and waded into the pond to chase fish. Despite warnings from the other two, Richard wanted to show his friends that he could swim. He turned on his back and, shortly...

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