Legal Opinion

Miller v. City of Boston

Massachusetts Appeals Court

Decided April 28, 1988No. 87-940PublishedCited by 2 opinions

1Opinion of the Court

The facts are not in dispute. The claimed damages were sustained by the plaintiffs on December 12,1985. The thirty-day notice period prescribed by G. L. c. 84, § 18, expired on January 11, 1986, a Saturday. On that day, the plaintiffs mailed notices of claim to the mayor and to the city clerk. See G. L. c. 84, § 19. The city’s offices are closed on Saturday. See Ordinances of the City of Boston c. 3, ord. 5, § 110. The notices were received on Monday, January 13, 1986.

General Laws c. 4, § 9, provides in pertinent part: “Except as otherwise provided, when the day or the last day for the…

2Cases cited3 opinions

  1. D'Errico v. Board of AssessorsMassachusetts Supreme Judicial Court · 1981
  2. Selig v. McCarthyMassachusetts Supreme Judicial Court · 1932
  3. William J. Smith v. Gilbert J. PasqualettoCourt of Appeals for the First Circuit · 1957

3Cited by2 opinions

  1. Cold Spring Commons, LLC v. MitchellMassachusetts District Court, Appellate Division · 2008
  2. Logan v. Linden Properties, Inc.Massachusetts Superior Court · 2001

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