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SALUSTI v. WATERTOWN

418 Mass. 202 (1994)

635 N.E.2d 249

JOSEPH SALUSTI & another, trustees, vs. TOWN OF WATERTOWN.

Supreme Judicial Court of Massachusetts, Middlesex.

July 7, 1994.

Attorney(s) appearing for the Case

Thomas P. Collins for the plaintiffs.

Joseph L. Tehan, Jr. (John G. Gannon with him) for the defendant.

Scott Harshbarger, Attorney General, & Eleanor Coe Sinnott, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

NOLAN, J.

The plaintiffs, Joseph Salusti and Phyllis Salusti, trustees of the Phyllis Salusti Realty Trust (trust), brought two claims against the defendant town of Watertown (town), under the Massachusetts Tort Claims Act, G.L. 258, § 2 (1992 ed.). Count one alleged negligent inspection of and failure to repair fire hydrants in the area of the trust property. Count two alleged negligence in firefighting. The town's motion to dismiss count one, concerning the...

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