Harriman v. City of Boston
Massachusetts Supreme Judicial Court
Tort, to recover damages for injuries alleged to have been sustained through a defect in a way which the defendant was bound to keep in repair. At the trial before Wells, J., at September term, 1873, it appeared the defect alleged was an opening in Prince Street, through the sidewalk, into the cellar of a building facing on the street. This opening was surrounded by a stone frame, and was used for taking in coal and wood, and for other uses in connection with the cellar.
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Tort, to recover damages for injuries alleged to have been sustained through a defect in a way which the defendant was bound to keep in repair. At the trial before Wells, J., at September term, 1873, it appeared the defect alleged was an opening in Prince Street, through the sidewalk, into the cellar of a building facing on the street. This opening was surrounded by a stone frame, and was used for taking in coal and wood, and for other uses in connection with the cellar. It was from thirty to thirty-two inches long, from eighteen to twenty inches wide, and about three feet deep. It was…
1Opinion of the CourtColt, J.
The question of principal difficulty which has been here discussed, and upon which the case seems to have turned, relates to the sufficiency of the evidence to charge the defendant with notice of the alleged defect. Under our statute, if the defect has not existed for twenty-four hours, the plaintiff must show that the defendant had reasonable notice of it or fail in his action. What is meant by reasonable notice is not defined. By the St. of 1786, c. 81, reasonable notice was for many yea; j the condition upon which towns charged with it were subject tc double damages for injuries of this…
2Cases cited3 opinions
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Howe v. City of LowellMassachusetts Supreme Judicial Court · 1869
- Dana v. PrescottMassachusetts Supreme Judicial Court · 1804
3Cited by15 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Hanscom v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
- Town of Monticello v. KennardIndiana Court of Appeals · 1893
- Parks v. City of Des MoinesSupreme Court of Iowa · 1923
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