May v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an alleged defect in a sidewalk in the defendant city. Trial in the Superior Court, before Lathrop, J., who directed a verdict for the defendant, and allowed a bill of exceptions, which, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtW. Allen, J.
As the plaintiff did not give the notice required by the statute until more than three months after she was injured, the burden was upon her to prove that from physical or mental incapacity it was impossible for her to give the notice until within ten days of the time when it was given. Pub. Sts. c. 52, §§ 19, 21. We think that the court correctly ruled that there was no evidence to sustain that burden. The fact that she was confined to her bed does not show physical inability to give a notice in writing, signed by herself or by some person in her behalf, and the inference from her own…
2Cases cited3 opinions
- Mitchell v. City of WorcesterMassachusetts Supreme Judicial Court · 1880
- Lyons v. City of CambridgeMassachusetts Supreme Judicial Court · 1882
- McNulty v. City of CambridgeMassachusetts Supreme Judicial Court · 1881
3Cited by13 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Born v. City of SpokaneWashington Supreme Court · 1902
- City of Fort Worth v. SheroCourt of Appeals of Texas · 1897
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- City of Lincoln v. GrantNebraska Supreme Court · 1893
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