Tobin v. Inhabitants of Brimfield
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on the night of March 4,1899, from an alleged defect in a certain highway leading from Sturbridge through Brimfield, the defendant, to the town of Wales.
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Tort for personal injuries sustained by the plaintiff on the night of March 4,1899, from an alleged defect in a certain highway leading from Sturbridge through Brimfield, the defendant, to the town of Wales. Writ dated April 12, 1899. At the trial in the Superior Court before Maynard, J., the plaintiff, at the close of the evidence, asked the judge to rule, that the defendant could not avail itself of any omission to state in the written notice given to the defendant, the place of the injury, because there was no evidence that the defendant complied with the provisions of St. 1894, c. 389.…
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries suffered on March 4, 1899, and alleged to have been caused by a defect in a highway in the defendant town. According to the plaintiff the place of the accident was about one hundred feet to the east or Fiskdale side of five small bridges, which may be assumed to have been a monument familiar to everybody. The notice to the town under Pub. Sts. c. 52, § 19, amended, St. 1894, c. 422, (R. L. c. 51, § 20,) stated the place as follows: “ While driving along the Fiskdale road, so called, leading from Wales, about three or four miles from Wales, at a point on…
2Cases cited9 opinions
- McCooe v. Dighton, Somerset, & Swansea Street Railway Co.Massachusetts Supreme Judicial Court · 1899
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
- Fortin v. Inhabitants of EasthamptonMassachusetts Supreme Judicial Court · 1886
- Neal v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Donnelly v. City of Fall RiverMassachusetts Supreme Judicial Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1942
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- Rothwell v. First National BankMassachusetts Supreme Judicial Court · 1934
- Naze v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1924
- Crowell v. City of MaldenMassachusetts Supreme Judicial Court · 1930
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