Ledwidge v. Hathaway
Massachusetts Supreme Judicial Court
Tort, brought originally by the plaintiff’s intestate, Arthur E. Ledwidge, for personal injuries sustained by him while in the employ of the defendant’s testator, Francis Hathaway, who died after the action was begun. Trial in the Superior Court, before Hopkins, J., who ruled that the action could not be maintained, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
We find no error in the ruling that there was no evidence of proper notice of the time, place, and cause of the accident, to support the counts under the employers’ liability act. Under that act, St. 1887, c. 270, § 3, it was made necessary to give this notice within thirty days. By St. 1888, c. 155, if, from physical or mental incapacity it is impossible for the person injured to give the notice so soon, he may give the same within ten days after such incapacity is removed. In this case the notice was not given within the thirty days, and it was incumbent on the plaintiff to prove that from…
2Cases cited3 opinions
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
- Monahan v. City of WorcesterMassachusetts Supreme Judicial Court · 1890
- Saunders v. City of BostonMassachusetts Supreme Judicial Court · 1897
3Cited by5 opinions
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Beers v. Isaac Prouty Co.Massachusetts Supreme Judicial Court · 1908
- Robbins v. Lewiston, Augusta & Waterville Street RailwaySupreme Judicial Court of Maine · 1910
- Townsend v. City of BostonMassachusetts Supreme Judicial Court · 1919