Townsend v. City of Boston
Massachusetts Supreme Judicial Court
Tort against the city of Boston under R L. c. 51, §§ 20, 21, for personal injuries sustained on March 7, 1914, when the plaintiff was walking on the sidewalk on Boylston Street, a public highway in Boston, by reason of an alleged defect in the condition of the sidewalk consisting in part of ice thereon.
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Tort against the city of Boston under R L. c. 51, §§ 20, 21, for personal injuries sustained on March 7, 1914, when the plaintiff was walking on the sidewalk on Boylston Street, a public highway in Boston, by reason of an alleged defect in the condition of the sidewalk consisting in part of ice thereon. Writ dated March 6, 1916. In the Superior Court the case was tried before Quinn, J. It appeared that the accident happened at about eight o’clock on the morning of March 7,1914, and that on March 26,1914, a notice in writing of the time, place and cause of the injury was served upon the…
1Opinion of the Court
By the Court.
This is an action of tort to recover compensation for personal injuries alleged to have been received by a traveller upon a public way defective in part by reason of ice. It was a condition precedent to the plaintiff’s right of recovery that within ten days after being injured a notice stating the time, place and cause of the injury should be given to the city unless “by reason of physical or mental incapacity it is impossible” to do so. R. L. c. 51, §§ 20, 21.
The evidence was that after her accident the plaintiff was treated at a hospital for five weeks, and could not sit up;…
2Cases cited4 opinions
- Goodwin v. City of Fall RiverMassachusetts Supreme Judicial Court · 1917
- May v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Saunders v. City of BostonMassachusetts Supreme Judicial Court · 1897
- Ledwidge v. HathawayMassachusetts Supreme Judicial Court · 1898
3Cited by4 opinions
- Perry v. MedeirosMassachusetts Supreme Judicial Court · 1976
- Dooling v. City of MaldenMassachusetts Supreme Judicial Court · 1927
- Pittore v. City of BostonMassachusetts District Court, Appellate Division · 1987
- Clarke v. City of WorcesterMassachusetts Superior Court · 2008