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FARRELL v. BOSTON WATER & SEWER COMM.; BOSTON

24 Mass. App. Ct. 583 (1987)

511 N.E.2d 357

EILEEN J. FARRELL & another vs. BOSTON WATER AND SEWER COMMISSION; CITY OF BOSTON, third-party defendant.

Appeals Court of Massachusetts, Suffolk.

August 4, 1987.

Attorney(s) appearing for the Case

Harry T. Daniels for Boston Water and Sewer Commission.

Mary Jane Morgen (Camilla B. Duffy with her) for the plaintiffs.

Henry C. Luthin, Assistant Corporation Counsel, for the city of Boston.

Present: ARMSTRONG, PERRETTA, & FINE, JJ.

FINE, J.

On October 4, 1979, Eileen J. Farrell and her husband, visiting Boston from Illinois, were taking an early evening stroll in the Back Bay. When they were on the sidewalk at the northwest corner of Boylston and Exeter Streets, Mrs. Farrell tripped and fell, sustaining bodily injuries. What caused her to trip was a two-to-four inch difference in elevation between the surfaces on two adjacent parts of the sidewalk. The part of the sidewalk with the lower elevation...

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