Barclay v. City of Boston
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff’s intestate on January 1, 1897, by an alleged defect in a highway in the defendant city, caused by an accumulation of ice and snow.
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Tort, for personal injuries occasioned to the plaintiff’s intestate on January 1, 1897, by an alleged defect in a highway in the defendant city, caused by an accumulation of ice and snow. The intestate died on January 14, the plaintiff was appointed administratrix on February 26, and a sufficient legal notice of the time, place, and cause of the accident was served on the defendant on February 27. Trial in the Superior Court, before Mason, C. J., who ruled that the plaintiff was not entitled to recover on account of the failure of her intestate to give notice within the ten days, as required…
1Opinion of the CourtKnowlton, J.
The question in this case is whether there was any evidence that, by reason of physical or mental incapacity, it was impossible for the plaintiff’s intestate to give notice of the time, place, and cause of the accident within ten days after it happened. St. 1894, c. 422. See Pub. Sts. c. 52, §§ 19, 21. It is well settled that, to come within the provision of the statute last referred to, it is not enough to show that the person injured was unable to give the notice in person, but it must be shown that there was such physical or mental incapacity as to make it impossible for him, by any…
2Cases cited2 opinions
- May v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Lyons v. City of CambridgeMassachusetts Supreme Judicial Court · 1882
3Cited by9 opinions
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Born v. City of SpokaneWashington Supreme Court · 1902
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Locklin v. FisherAppellate Division of the Supreme Court of the State of New York · 1942
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