Welch v. Inhabitants of Gardner
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant town. At the trial in the Superior Court, before Knowlton, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
The notice required by the St. of 1877, c. 234, § 3, as preliminary to the commencement of an action for bodily injury or damage to property against a town, occasioned through *530;a defect or want of repair in a highway, which it is obliged .by law to keep in repair, was not given within thirty days after .the alleged injury, which was stated in the notice to have occurred on February 28, 1880. As § 4 of the same act provides “that if from physical or mental incapacity it be impossible for the person injured to give the notice within the time hereinbefore provided,” he may give notice within ten…
2Cases cited3 opinions
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Mitchell v. City of WorcesterMassachusetts Supreme Judicial Court · 1880
- Savory v. City of HaverhillMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- Laue v. City of MadisonWisconsin Supreme Court · 1893
- Sargent v. City of LynnMassachusetts Supreme Judicial Court · 1885