KEMBLE v. METROPOLITAN DISTRICT COMMISSION

No. 98-P-1064.

49 Mass. App. Ct. 165 (2000)

PETER KEMBLE v. METROPOLITAN DISTRICT COMMISSION.

Court of Appeals of Massachusetts, Middlesex.

April 26, 2000.


Attorney(s) appearing for the Case

Stephen M. Hamilton for the plaintiff.

Juliana deHaan Rice, Assistant Attorney General, for the defendant.

Present: PERRETTA, KASS, & LENK, JJ.


LENK, J.

The question before us is whether, as matter of law, an outdoor stairway leading to a pedestrian overpass is to be considered a sidewalk for the purposes of G. L. c. 92, § 36. The question arises because the plaintiff, Peter Kemble, claims to have been injured while descending the stairway, which extends from a pedestrian overpass at the Charles Street circle area of the Charles River reservation in Boston. Pedestrians use the overpass to access the...

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