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TRYON v. LOWELL

No. 89-P-728.

29 Mass. App. Ct. 720 (1991)

565 N.E.2d 456

CHRISTOPHER M. TRYON & others vs. CITY OF LOWELL.

Appeals Court of Massachusetts, Middlesex.

January 18, 1991.

Attorney(s) appearing for the Case

Robert W. Casby for the plaintiffs.

David J. Fenton, Assistant City Solicitor, for the defendant.

Present: KASS, KAPLAN, & IRELAND, JJ.

IRELAND, J.

This is an appeal from a judgment under Mass. R. Civ. P. 56, 365 Mass. 824 (1974), in favor of the defendant, the city of Lowell (city),3 based on a conclusion that the city was not liable for its failure to maintain a fence on city property. We think that the record before the judge presented genuine issues of material fact to be resolved concerning the city's duty to maintain...

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