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MOLINARI v. BOSTON

333 Mass. 394 (1955)

130 N.E.2d 925

MARIE MOLINARI & another vs. CITY OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

December 30, 1955.

Attorney(s) appearing for the Case

Charles F. Nayor, for the plaintiffs.

Arthur G. Coffey, Assistant Corporation Counsel, for the defendant.

Present: QUA, C.J., RONAN, WILKINS, WILLIAMS, & WHITTEMORE, JJ.

WILLIAMS, J.

The plaintiffs appeal from an order of the Superior Court sustaining the defendant's demurrer to their amended declaration. In count 1 it is alleged that the plaintiff Marie Molinari on January 25, 1954, while a pupil in attendance at the Christopher Gibson School, a public school of the defendant, was "wilfully and recklessly ordered and compelled by an agent and/or employee of the defendant to assume and occupy a position of danger to her health and...

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