Miles v. City of Lynn
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in a sidewalk of one of the streets in the defendant' city. Answer, a general denial.
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Tort for personal injuries occasioned to the plaintiff by an alleged defect in a sidewalk of one of the streets in the defendant' city. Answer, a general denial. Trial in the Superior Court, before Gtardner, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that on Saturday, January 25, 1879, at about nine o’clock in the evening, he fell on the sidewalk of Monroe Street, in Lynn, opposite one Kelly’s store, upon a ridge of ice, or snow and ice, which extended across the entire sidewalk ; that he tripped on the ridge of ice, fell down, and broke both the…
1Opinion of the CourtSoule, J.
The conversation between the plaintiff and the police officer was not a notice to the defendant within the meaning of the statute. It was had at the time of a friendly call by the officer and another friend on the plaintiff, and was an ordinary conversation, in which all that was said by the plaintiff was in reply to questions put to him by his caller. There was nothing in the language, nor in the circumstances under which it was used, to indicate that it was intended as a notice under *401the statute. Kenady v. Lawrence, 128 Mass. 318. McNulty v. Cambridge, ante, 275.
The written notice to the…
2Cases cited3 opinions
- Larkin v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Kenady v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
- Harris v. Inhabitants of NewburyMassachusetts Supreme Judicial Court · 1880
3Cited by20 opinions
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- King v. City of BostonMassachusetts Supreme Judicial Court · 1938
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- English v. City of Ft. WorthCourt of Appeals of Texas · 1912
- Shea v. City of LowellMassachusetts Supreme Judicial Court · 1882
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