GALLAGHER v. CITY OF MEDFORD


1988 Mass. App. Div. 58 (1988)

Karyn Gallagher vs. City of Medford

Massachusetts Appellate Division, Northern District.

April 11, 1988.


Attorney(s) appearing for the Case

William P. Franzese for the plaintiff.

Mark E. Rumley for the defendant.

Present: Doyle, P.J., Ruma & Bohn, JJ.


Doyle, P.J.

This is an action pursuant to G.L.c. 84, § 15 to recover damages for personal injuries sustained by plaintiff Karyn Gallagher in a fall allegedly attributable to a defect on Baxter Street in Medford, Massachusetts.

The defendant, City of Medford, filed a Dist./Mun. Cts. R. Civ. P., Rule 56 motion for summary judgment on the grounds that Baxter Street is a private way which the City does not control and is not obligated to repair or maintain...

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