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HARRY STOLLER & CO. v. LOWELL

412 Mass. 139 (1992)

587 N.E.2d 780

HARRY STOLLER AND COMPANY, INC. vs. CITY OF LOWELL.

Supreme Judicial Court of Massachusetts, Essex.

March 9, 1992.

Attorney(s) appearing for the Case

Gerald N. Cohen for the plaintiff.

Patricia Sullivan Talty, Assistant City Solicitor, for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

WILKINS, J.

On April 23, 1978, five brick buildings in Lowell and their contents were destroyed by fire. The fire started on the sixth floor of one of the buildings. Three of the buildings, including the one in which the fire started, had sprinkler systems. In this action, the owner of the premises sought recovery against the city of Lowell under G.L.c. 258 (1990 ed.), based on the claimed negligence of the city's firefighters in combating the fire.

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