Mass. Gen. Laws » Part I Title XXII Chapter 164
Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 74 (2026)

Recovery by town of damages paid as result of defect in street

✓ current as of July 2026
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Section 74. If a person injured in his person or property by a defect in a public way caused by the operations of a corporation subject to this chapter, in laying down or repairing its pipes, or in laying, erecting, maintaining or repairing its lines of wires, or in otherwise obstructing such way, recovers damages therefor in an action against the town where such injury is received, such town shall, if said corporation is liable for said damages and has had reasonable notice to appear and defend the original action, recover of said corporation the damages so recovered from it, with the taxable costs of both parties in such original action.

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Boston Gas Co. v. City of Somerville, 2 Mass. L. Rptr. 347 (Mass. Super. Ct. 1994).
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Boston Gas Co. v. City of Somerville, 2 Mass. L. Rptr. 347 (Mass. Super. Ct. 1994). “164, §70, if injury results to persons or their property, and, further, if damages for such injury are recovered against the town, the gas company may be liable to compensate the town for such damages [under G.L.c. 164, §74].” (Emphasis supplied.) Boston Gas has raised no claim…”
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