Nash v. Inhabitants of South Hadley
Massachusetts Supreme Judicial Court
Tort, by the executor of the will of Erastus Nash, for personal injuries occasioned to the testator by a defect in a highway in the defendant town. Trial in the Superior Court, before Mason, J., who ruled that the action could not be maintained, and ordered a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
In the case at bar, the person injured lived more than ten days in a condition in which it was possible for him to have given the notice required by statute, as preliminary *106to an action against the town for the injury sustained by him. Mitchell v. Worcester, 129 Mass. 525. Pub. Sts. c. 52, §§ 19, 21. The notice, which is claimed to be sufficient under the statute, was in fact given by his son within thirty days after the decease of the injured person, the son being the executor named in his will, and having been, subsequently to the giving of such notice, appointed executor, upon the probate…
2Cases cited2 opinions
- Taylor v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1881
- Mitchell v. City of WorcesterMassachusetts Supreme Judicial Court · 1880
3Cited by11 opinions
- O'Connell v. City of CambridgeMassachusetts Supreme Judicial Court · 1927
- Pratt & Forrest Co. v. Strand Realty Co.Massachusetts Supreme Judicial Court · 1919
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Trbovich v. City of DetroitMichigan Supreme Court · 1966
- Gustafsen v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1891
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