Tobin v. Taintor
Massachusetts Supreme Judicial Court
Tort, by a minor by her father and next friend, for personal injuries sustained on February 8, 1911, by reason of snow and ice falling upon her from an occupied building of the defendant, on Gore Street in the part of Cambridge called East Cambridge, when the plaintiff was travelling on the adjoining public sidewalk of that street.
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Tort, by a minor by her father and next friend, for personal injuries sustained on February 8, 1911, by reason of snow and ice falling upon her from an occupied building of the defendant, on Gore Street in the part of Cambridge called East Cambridge, when the plaintiff was travelling on the adjoining public sidewalk of that street. Writ dated October 15, 1912. In the Superior Court the case was tried before Sisk, J. It is stated in the bill of exceptions that “there was evidence which warranted the jury in bringing in a verdict for the plaintiff, as they did, if a due and sufficient notice…
1Opinion of the CourtCarroll, J.
The plaintiff while a traveller upon a public street in Cambridge on February 8,1911, was injured by snow and ice, from the defendant’s occupied building, falling upon her. The question in the case is whether due and sufficient notice was given in accordance with St. 1908, c. 305. The plaintiff’s attorney testified that on February 11, 1911, he gave notice to the defendant by mailing a letter, postage prepaid, to him at No. 53 State Street, Boston, Mass., stating the time, place and cause of the accident and claiming damages. On the envelope was a notice “ return to Room 306, Kimball…
2Cases cited9 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
- Baird v. Baptist SocietyMassachusetts Supreme Judicial Court · 1911
- Shea v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Roto-Lith, Ltd. v. F. P. Bartlett & Co., Inc.Court of Appeals for the First Circuit · 1962
- Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
- Hobart-Farrell Plumbing & Heating Co. v. KlaymanMassachusetts Supreme Judicial Court · 1939
- Cities Service Oil Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1961
- Prudential Trust Co. v. HayesMassachusetts Supreme Judicial Court · 1924
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