WARE v. COMMONWEALTH

No. 89-P-208.

28 Mass. App. Ct. 738 (1990)

555 N.E.2d 895

DONNA M. WARE vs. COMMONWEALTH.

Appeals Court of Massachusetts, Hampshire.

June 27, 1990.


Attorney(s) appearing for the Case

George B. Scully for the plaintiff.

James M. Shannon, Attorney General, & Kathleen E. Sheehan, Assistant Attorney General, for the Commonwealth.

Present: KASS, CUTTER, & JACOBS, JJ.


KASS, J.

In addition to $52,000 on account of a tort recovery against the Commonwealth, a Superior Court judge allowed the plaintiff $471.79 in costs. The sole question on appeal is whether costs lie against the government in an action under G.L.c. 258. We decide that they do and affirm the judgment.

"[C]osts against the Commonwealth, its officers, and agencies shall be imposed only to the extent permitted by law." Mass.R.Civ.P. 54(d), as amended, 382 Mass...

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