Liffin v. Inhabitants of Beverly
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a defect in a way in Beverly, which the defendants were bound to keep in repair. Trial in the Superior Court before Bacon, J., who allowed a bill of exceptions, in substance as follows; The plaintiff's counsel, in opening his case to the jury, offered to prove the following facts. There is in the defendant town a public highway called Elliot Street, on which the plaintiff lives.
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Tort, for personal injuries occasioned to the plaintiff by a defect in a way in Beverly, which the defendants were bound to keep in repair. Trial in the Superior Court before Bacon, J., who allowed a bill of exceptions, in substance as follows; The plaintiff's counsel, in opening his case to the jury, offered to prove the following facts. There is in the defendant town a public highway called Elliot Street, on which the plaintiff lives. On December 24, 1884, the plaintiff, while travelling upon said street," and in the exercise of due care, struck her foot against a hard substance of either…
1Opinion of the CourtW. Allen, J.
The St. of 1882, o. 36, provides that a notice shall not be deemed to be insufficient by reason of any inaccuracy in stating the cause of the injury, if it is shown that there was no intention to mislead, and if the party entitled to notice was not in fact misled.
The place of the injury is minutely described in the notice, and it is said, as a cause of the injury, that the way at that place was defectively constructed, and in a dangerous and unfinished condition. The plaintiff offered to prove that the way was imperfectly constructed, so that at times water would accumulate on its side and…
2Cases cited3 opinions
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Fortin v. Inhabitants of EasthamptonMassachusetts Supreme Judicial Court · 1886
- Canterbury v. City of BostonMassachusetts Supreme Judicial Court · 1886
3Cited by10 opinions
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- Carberry v. Inhabitants of SharonMassachusetts Supreme Judicial Court · 1896
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
- Laue v. City of MadisonWisconsin Supreme Court · 1893
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1892
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