Section 90. If, upon the trial of an action against the commonwealth, a city, town, railroad corporation or bridge corporation, the plaintiff recovers damages for an injury to his person or property caused by reason of a defect in a public way or bridge occupied by the tracks of a company, and such company is liable for such damages under the preceding section, and has had reasonable notice to defend the action, the commonwealth, city, town, railroad corporation or bridge corporation may recover the damages, and all the costs of both plaintiff and defendant in the action from said company.

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Terms Used In Massachusetts General Laws ch. 161 sec. 90

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.