Babish v. City of Cambridge

On October 15, 1953, the plaintiff fell and was injured while walking on a sidewalk in the city of Cambridge. In this action of tort to recover for an alleged defect in the sidewalk, the judge found for the plaintiff. A report to the Appellate Division was dismissed, and the defendant appealed.

The sole question on the issue of liability relates to notice, and it arose in these circumstances. After the accident the plaintiff seasonably gave written notice to the city of the time, place and cause of the injury as required by G. L. (Ter. Ed.) c. 84, § 18. In the notice, after stating the time of…