Fortin v. Inhabitants of Easthampton
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in Easthampton. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: It appeared that the following notice, dated March 10,1885, addressed to the selectmen of the town, and signed by the plaintiff, was sent by the plaintiff to the selectmen, and received by them : “ Since falling on the sidewalk in front of the Button shop, Feb. 25 th last, I…
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Tort for personal injuries occasioned to the plaintiff by a defect in a highway in Easthampton. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: It appeared that the following notice, dated March 10,1885, addressed to the selectmen of the town, and signed by the plaintiff, was sent by the plaintiff to the selectmen, and received by them : “ Since falling on the sidewalk in front of the Button shop, Feb. 25 th last, I have been unable to work, and am now under the doctor’s care, and I hereby notify you to that effect. I request a…
1Opinion of the CourtHolmes, J.
The notice was not sufficient to satisfy the Pub. Sts. a. 52, § 19, because it did not properly state the cause of the damage, if for no other reason. The defendant argues, that there was a total failure to state any cause, that such a total omission cannot be called an “ inaccuracy in stating the cause,” and therefore that the plaintiff is not helped by the St. of 1882, g. 36.* But a majority of the court are of opinion that the argument, as applied to this case, construes the statute too narrowly. When a man states that he was hurt by falling on a sidewalk, and that he demands damages for…
2Cited by12 opinions
- Bowes v. City of BostonMassachusetts Supreme Judicial Court · 1892
- Tobin v. Inhabitants of BrimfieldMassachusetts Supreme Judicial Court · 1902
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Carberry v. Inhabitants of SharonMassachusetts Supreme Judicial Court · 1896
- Fuller v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1894
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