Noonan v. City of Lawrence
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Writ dated April 18, 1879. Trial in the Superior Court, before Aldrich, J., who reported for the consideration of this court the following case: The plaintiff introduced evidence tending to show that while travelling, in the exercise of due care, on the sidewalk of Oak Street, a public way in the defendant city, in the evening of March 6, 1879, she fell and was hurt; that…
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Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Writ dated April 18, 1879. Trial in the Superior Court, before Aldrich, J., who reported for the consideration of this court the following case: The plaintiff introduced evidence tending to show that while travelling, in the exercise of due care, on the sidewalk of Oak Street, a public way in the defendant city, in the evening of March 6, 1879, she fell and was hurt; that her fall and consequent injury were caused by a defective and dangerous condition of the way which the defendant had…
1Opinion of the CourtLord, J.
The ruling of the presiding judge, that the notice to the city in this case was insufficient to lay the foundation for an action, was correct. The Legislature has seen fit to provide that the city or town bound to keep a way in repair, and liable for injuries sustained in consequence of its being out of repair, shall within thirty days of any injury be notified, in behalf of the person sustaining the injury, of “ the time, place and cause of said injury.” A notice to the city in these words, “ Week before last I sustained an injury on Oak Street in your city by reason of its want of repair,”…
2Cited by30 opinions
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- King v. City of BostonMassachusetts Supreme Judicial Court · 1938
- Blanchard v. Stone's Inc.Massachusetts Supreme Judicial Court · 1939
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Shea v. City of LowellMassachusetts Supreme Judicial Court · 1882
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