Legal Opinion

Cronin v. City of Boston

Massachusetts Supreme Judicial Court

Decided May 4, 1883PublishedCited by 13 opinions

Tort for personal injuries received by the plaintiff on February 8, 1881, by reason of an alleged defect in the sidewalk of Hanover Street, a public highway in Boston. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows : The defect consisted of an accumulation of ice on the sidewalk in front of 371 Hanover Street, said number being the number on the fifth door from Fleet Street.

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Tort for personal injuries received by the plaintiff on February 8, 1881, by reason of an alleged defect in the sidewalk of Hanover Street, a public highway in Boston. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows : The defect consisted of an accumulation of ice on the sidewalk in front of 371 Hanover Street, said number being the number on the fifth door from Fleet Street. A written notice, dated February 16, 1881, and signed by the plaintiff, was given to the defendant within thirty days after the accident, as follows : “ To the…

1Opinion of the CourtField, J.

The St. of 1877, c. 234, § 3, required notice to be given “ of the time, place and cause of the said injury or damage.” In the notice given in this case the time was sufficiently described. Donnelly v. Fall River, 132 Mass. 299. Savory v. Haverhill, 132 Mass. 324. The cause alleged in the notice is' that-the sidewalk was “ rough, hobbly and slippery.” It appears by the exceptions that “ the defect consisted of an accumulation of ice on the sidewalk in front of 371 Hanover Street.” There is no mention, of ice in the notice. Unless, then, it is a reasonable construction of the notice, under the…

2Cases cited5 opinions

  1. Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
  2. Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
  3. Lowe v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1882
  4. Savory v. City of HaverhillMassachusetts Supreme Judicial Court · 1882
  5. Donnelly v. City of Fall RiverMassachusetts Supreme Judicial Court · 1882

3Cited by13 opinions

  1. Hall v. City of Los AngelesCalifornia Supreme Court · 1941
  2. Naze v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1924
  3. Lyman v. County of HampshireMassachusetts Supreme Judicial Court · 1884
  4. Watts v. RhodesMassachusetts Supreme Judicial Court · 1950
  5. Shallow v. City of SalemMassachusetts Supreme Judicial Court · 1883

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