Tryon v. City of Lowell, 29 Mass. App. Ct. 720 (1991)

The Superior Court’s judgment for the defendant was overturned because the extent of the duty owed by the City to an injured child was a question of fact for the jury to determine, and the defendant could not avoid liability under the discretionary function exemption of the Massachusetts Tort Claims Act (G. L. c. 258, §10(b)). At trial, the jury awarded the plaintiffs damages for injuries to a child trespasser after his arm was run over by a train as he walked along railroad tracks on his way to school.