Tryon v. City of Lowell

How courts have described this case

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

• holding that, once a fence was erected by a municipality, the city had a duty to maintain it, and its failure to do so “does not entail a discretionary function”
• city’s decision to erect fence between school and abutting railroad tracks was discretionary act, but city’s inadequate maintenance of such fence did not entail discretionary function warranting immunity under § 10 [6]
• “whether or not in a particular situation a decision to erect a fence is discretionary, the maintenance of or failure to maintain a fence after its erection does not entail a discretionary function”
• “[M]aintenance ... or failure to maintain . . . does not entail a discretionary function . . . [and] day to day care and maintenance . . . seems at the opposite end from policy and planning . . .” (internal quotations and citations omitted)

Source: CourtListener parenthetical corpus (CC0).