H. SACKS & SONS v. METROPOLITAN DISTRICT COMM.


20 Mass. App. Ct. 45 (1985)

477 N.E.2d 1067

H. SACKS & SONS, INC. vs. METROPOLITAN DISTRICT COMMISSION.

Appeals Court of Massachusetts, Middlesex.

May 15, 1985.


Attorney(s) appearing for the Case

Michael J. Stone for the plaintiff.

Francis G. Chase, Assistant Attorney General, for the defendant.

Present: GREANEY, C.J., KAPLAN, & SMITH, JJ.


SMITH, J.

H. Sacks & Sons, Inc. (Sacks), by complaint entered January 19, 1977, brought a negligence action in the Superior Court against the Metropolitan District Commission (MDC). The complaint alleged that, as a result of the negligence of the MDC in the operation of a dam that it controlled, damage was caused to Sacks' property on February 3, 1976. The MDC filed a motion for judgment on the pleadings. Mass.R.Civ.P. 12(c), 365 Mass. 754 (1974). The sole ground...

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