Saunders v. United States

ALDRICH, District Judge.

In this FTCA action the government, supported by its affidavit and plaintiff’s deposition, moves for summary judgment. No contrary affidavit has been filed. The facts most favorable to the plaintiff would show that on December 25, 1955 the plaintiff, while lawfully walking on the Customhouse sidewalk in Salem, Massachusetts, fell on ice negligently accumulated by the government. Mass.G.L. (Ter.Ed.1932) Ch. 84, § 21, provides, in substance, that the provisions of the three sections immediately preceding, requiring notice to a municipality before action may be brought…