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· 8/16/1977

Whitney v. City of Worcester

Citations

  • 366 N.E.2d 1210
  • 373 Mass. 208
  • 1977 Mass. LEXIS 1073

How courts have described this case

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

  • recognizing that government entity is not liable for negligence in the planning of sewers but may be liable for negligence in their construction and maintenance
  • recognizing that government entity is not liable for negligence in the planning of sewers but may be liable for negligence in their construction and maintenance
  • holding that the city’s decision not to remove snow from a parcel of public property because the cost outweighed the need was protected by the discretionary function rule
  • abandoning “misfeasance-nonfeasance distinction as a relevant factor” in determining municipal immunity because it lacked “real connection with sound reasoning or policy”
  • urging Legislature to take action to abrogate sovereign immunity and refine formulation and principles stressed in court's opinion
  • announcing intention to abolish or modify the doctrine of sovereign immunity

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Quirico, Braucher, Kaplan, Wilkins, Liacos, Abrams

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.