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ROWE v. ARLINGTON

No. 88-P-1063.

28 Mass. App. Ct. 389 (1990)

551 N.E.2d 552

ALBERT W. ROWE, JR. vs. TOWN OF ARLINGTON.

Appeals Court of Massachusetts, Middlesex.

March 20, 1990.

Attorney(s) appearing for the Case

John F. Maher, Town Counsel, for the defendant.

Edward D. McCarthy for the plaintiff.

Present: PERRETTA, KAPLAN, & SMITH, JJ.

PERRETTA, J.

At some unknown time after 1965, a vase was mounted with epoxy to the base of a fountain situated on town property. In 1980, the plaintiff (then thirteen years of age) was injured when the vase gave way as he grabbed it for support while retrieving a coin from the fountain. The vase fell on the plaintiff's hand and crushed his left index finger. He brought this action in negligence. Pursuant to Mass.R.Civ.P. 52(a), 365 Mass. 816-817 (1974), the judge...

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