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Vaughan v. Eastern Edison Co.11/18/1999
mpetently." Turbe v. Government of Virgin Islands, supra at 431 (discussing Sect. 323 which is virtually identical to Sect. 324A ). Here, " he complaint alleges in conclusory fashion that the inadequate lighting created a dangerous condition because visibility was diminished. This is not sufficient to impose a duty on [the defendant]." White v. Southern Cal. Edison Co., supra at 451. " othing in the complaint [or elsewhere in the record] suggests that [the utility] had any reasonable indication that pedestrians [in general or this plaintiff in particular] would forgo other protective measures in response to the existence of street lighting." Turbe v. Government of Virgin Islands, supra at 431.
Having decided the case as we do, we do not reach the defendant's argument claiming a failure of notice pursuant to G. L. c. 84, Sect. 18.
Judgment affirmed.
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