Fisher v. Cushing

The plaintiff was hurt by stepping into the defendants’ coal-hole, in a sidewalk on Blackstone Street in Boston. At the trial, the defendants asked for a ruling that, having given them no notice in writing of the time, place and cause of his alleged injury within thirty days thereafter, he could not maintain this action. This was refused by the court, and is the only question before us, all other exceptions being expressly waived.

The act on which the defendants rely is the St. of 1877, c. 234, §§ 2, 3. The second section gives an action for bodily injuries, &e., suffered through defects in…