Kenady v. City of Lawrence
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on January 9, 1878, by an alleged defect in a sidewalk of one of the streets in the defendant city. Answer: 1. A general denial. 2. That the plaintiff failed to give the defendant the notice required by the St. of 1877, c. 234. At the trial in the Superior Court, before Gardner, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the substance of which is stated in the opinion.
1Opinion of the CourtSoule, J.
The St. of 1877, e. 284, materially changed the law relating to the liability of cities and towns for injuries from defects in highways. The change which bears on the plaintiff’s action is wrought by the provisions of § 3, which make it a condition precedent to the maintenance of an action for such injury, that the person injured shall within thirty days thereafter give notice to the county, town, place or persons by law obliged to keep the highway in repair, of the time, place and cause of the said injury or damage. § 4 provides that the notice, in the case of a city, may be given to the…
2Cited by17 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
- Miles v. City of LynnMassachusetts Supreme Judicial Court · 1881
- Madden v. City of SpringfieldMassachusetts Supreme Judicial Court · 1881
- Lyman v. County of HampshireMassachusetts Supreme Judicial Court · 1884
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