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· 3/9/1992

Harry Stoller & Co. v. City of Lowell

Citations

  • 587 N.E.2d 780
  • 412 Mass. 139
  • 1992 Mass. LEXIS 139

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that city's decision whether to allocate funds to hire firefighters was an immune planning decision
  • observing that the size of a fire department involves “policy considerations, especially the allocation of financial resources”
  • declining to follow Cady v. Plymouth-Carver Regional School Dist., 17 Mass.App.Ct. 211 (1983)
  • examining discretionary function in the context of the analogous Massachusetts Tort Claims Act
  • no immunity where fire fighters chose not to use buildings’ sprinkler systems to fight fire and negligently failed to conform to generally accepted firefighting practices
  • no policy determination in firefighters’ discretion to use sprinkler systems in addition to hoses

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Wilkins, Abrams, Nolan, Lynch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.