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MALDEN v. BRESLIN

No. 92-P-899.

34 Mass. App. Ct. 258 (1993)

609 N.E.2d 498

CITY OF MALDEN vs. ROBERT E. BRESLIN & others.

Appeals Court of Massachusetts, Middlesex.

March 24, 1993.

Attorney(s) appearing for the Case

Michael A. Fitzhugh & Jeffrey W. Moss for Rockbusters, Inc.

David M. Crowley (Ralph C. Sullivan & Thomas M. Elcock with him) for Robert E. Breslin.

Paul A. Bartlett, for Shirley Constantine, was present but did not argue.

Jordan L. Shapiro, City Solicitor, & Joseph P. Limone, for city of Malden, amicus curiae, submitted a brief.

Present: ARMSTRONG, PERRETTA, & IRELAND, JJ.

PERRETTA, J.

Rockbusters, Inc. (Rockbusters), undertook the breaking up and removal of a rock outcrop on land located in Malden. A pneumatic hammer with an attached chisel and hydraulic excavator, with a combined weight of about 108,000 pounds, were used. The hammer and attached chisel would strike the rock continuously at a rate of 300 to 350 beats per minute with 10,000 foot pounds of impact to the rock with each beat. Robert E. Breslin and Shirley Constantine lived...

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