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BAIRD v. MASSACHUSETTS BAY TRANSP. AUTHORITY

1990 Mass. App. Div. 97 (1990)

Evelyn J. Baird and another vs. Massachusetts Bay Transportation Authority and another

Massachusetts Appellate Division, Municipal Court.

June 29, 1990.

Attorney(s) appearing for the Case

Russell R. Weddell for the plaintiffs.

Michael J. Casey for defendant City of Somerville.

Jonathan P. Feltner for defendant Massachusetts Bay Transportation Authority.

Present: O'Toole, P.J., Hershfang & Meagher, JJ.

Hershfang, J.

This case concerns the applicability and effect of G.L.c. 84, §§ 1, 15 and 183 which establish and limit governmental liability for and require written notice of alleged defects in the public way. Plaintiffs have appealed the trial judge's grant of defendant MBTA's motion for summary judgment. For the reasons that follow we believe that the judge was correct.

For the purposes of considering defendant MBTA...

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