Shea v. City of Lowell
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Answer, a general denial.
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Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Answer, a general denial. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified, that, on the evening of December 25, 1879, while passing along the sidewalk of Pawtucket Street, her foot slid into a cavity in the uneven snow and ice on the walk, and she received the injuries complained of; that she was carried to a hospital, where she was confined for four months; and that, while in the hospital, on December…
1Opinion of the CourtMorton, C. J.
Since the amendment of the St. of 1877, c. 234, § 4, by the St. of 1879, e. 244, it is necessary that a person injured by a defect in a highway should, as a condition precedent to his right to maintain an action against the city or town obliged by law to keep the highway in repair, give to the city or town notice in writing, signed by him or by some person duly authorized by him, of the time, place and cause of his injury or damage.
The written notice given by the plaintiff to the defendant in this case was not a compliance with the statute, because it did not sufficiently state either the…
2Cases cited3 opinions
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
- Miles v. City of LynnMassachusetts Supreme Judicial Court · 1881
- Donnelly v. City of Fall RiverMassachusetts Supreme Judicial Court · 1881
3Cited by19 opinions
- Vasys v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1982
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- Hallman v. City of PampaCourt of Appeals of Texas · 1941
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
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