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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)
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

541 chars
The judge instructed that a violation of a code provision was to be considered as evidence of negligence, but that “[i]t should not be taken as conclusive of a breach of the duty of care.” According to the plaintiff, this instruction required the jurors to find some additional evidence of negligence before they could determine that the defendant was liable to the plaintiff.6 The plaintiff argues that the judge should have further instructed that jurors have the discretion to determine negligence based solely on a violation of the code.