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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)

Citation
McAllister v. Boston Housing Authority, 429 Mass. 300 (1999) (b)
Parent Document
McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
Jurisdiction
Massachusetts (state)
Effective Date
1999-04-08

Other Sections in This Document (25)

Full Text

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(b) Introduction of the State codes in evidence. The plaintiff argues that the judge erred by prohibiting her counsel from referring, in his opening statement, to provisions in the State sanitary and building codes, requiring the defendant to keep the stairs free of snow and ice, and from introducing the code provisions in evidence “early in the case.”4 See Passanessi v. C.J. Maney Co., 340 Mass. 599, 603-604 (1960). According to the plaintiff, this error requires a new trial because the code provisions had a central place in the case and because the code provi*304sions were referred to in the lease. The plaintiff asserts that the reading of the relevant portions of the codes during the jury charge was insufficient.