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POWERS v. CITY OF WORCESTER

1992 Mass. App. Div. 40 (1992)

Kim Powers vs. City of Worcester vs. Ed Strout

Massachusetts Appellate Division, Western District.

March 17, 1992.

Attorney(s) appearing for the Case

Peter B. Clifford for the plaintiff.

Donald V. Rider, Jr., for the defendant.

Patrick C. Gable for the third-party defendant.

Present: Dohoney, LoConto & Beattie, JJ.

Dohoney, J.

The plaintiff Kim Powers sued the defendant City of Worcester asserting liability under General Laws, Chapter 84, § 15 relative to the maintenance of the surface of a crosswalk. The City of Worcester denied any liability and brought an action against Ed Strout & Co., Inc. as a third party defendant.

From the Report, we learn that in 1983 the City of Worcester entered into a contract with Ed Strout & Co., Inc. whereby Strout was to...

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