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RATHBUN v. WESTERN MASSACHUSETTS ELECTRIC CO.

395 Mass. 361 (1985)

479 N.E.2d 1383

MICHAEL J. RATHBUN vs. WESTERN MASSACHUSETTS ELECTRIC COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Berkshire.

July 10, 1985.

Attorney(s) appearing for the Case

David O. Burbank & Frederick M. Myers for the defendant.

Paul S. Weinberg & James M. Rabbitt for the city of Pittsfield.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

WILKINS, J.

On June 2, 1977, Michael J. Rathbun and his grandfather, Michael A. Sciola, were seriously injured when the body of the dump truck they were unloading came in contact with a high voltage electric transmission line of the Western Massachusetts Electric Company (WMEC) at the city of Pittsfield's landfill. The city had granted WMEC an easement for the transmission line in 1960. In March, 1983, tort actions brought by Rathbun and Sciola against the city and...

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