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SWEETING v. CAIRNS & BROTHER, INC.

No. 90-P-720.

32 Mass. App. Ct. 27 (1992)

584 N.E.2d 1155

DANIEL L. SWEETING vs. CAIRNS & BROTHER, INC.

Appeals Court of Massachusetts, Suffolk.

January 27, 1992.

Attorney(s) appearing for the Case

John B. Rest (Deborah M. Santello with him) for the plaintiff.

Robert P. Powers (Stephen W. Sutton & Jeffrey C. Melick with him) for the defendant.

Present: BROWN, FINE, & IRELAND, JJ.

IRELAND, J.

The plaintiff, Daniel L. Sweeting, was injured during the performance of his duties as a firefighter for the city of Brockton. His injury occurred while Sweeting was attempting to help a person locked out of his apartment. He was climbing a ladder to gain access to the fire escape of the building. Before starting to climb, he looked up to plan his route and saw an opening he would have to enter to reach the next level; this opening had a bar across it...

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