Dalton v. City of Salem
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on November 21, 1879, by a defect in a highway in Salem. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered in evidence the following notice, addressed to “ the board of aldermen of the city of Salem,” dated November 29, 1879, and signed “Mrs. John C. Dalton by John C. Dalton, Jr.”: “ The undersigned respectfully represents that on Friday the…
Read the full summary
Tort for personal injuries occasioned to the plaintiff, on November 21, 1879, by a defect in a highway in Salem. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered in evidence the following notice, addressed to “ the board of aldermen of the city of Salem,” dated November 29, 1879, and signed “Mrs. John C. Dalton by John C. Dalton, Jr.”: “ The undersigned respectfully represents that on Friday the 21st day of November, 1879, at 1 1-2 o’clock, p. m., while passing on the sidewalk on Lafayette Street, near Lagrange…
1Opinion of the CourtColburn, J.
Under the statutes in force at the time the plaintiff received her injury, it was necessary for her, as a condition precedent to her right to maintain this action, to give to the defendant a notice in writing of the time, place, and cause of her injury. Sts. 1877, e. 234, § 3; 1879, e. 244. Shea v. Lowell, 132 Mass. 187. The St. of 1882, c. 36, does not apply to this case. Shallow v. Salem, 136 Mass. 136. She gave a notice in writing to the defendant, which stated the time of her injury with particularity, and it has been decided that the notice states the cause of her injury sufficiently.…
2Cases cited4 opinions
- Shea v. City of LowellMassachusetts Supreme Judicial Court · 1882
- Cronin v. City of BostonMassachusetts Supreme Judicial Court · 1883
- Shallow v. City of SalemMassachusetts Supreme Judicial Court · 1883
- Dalton v. City of SalemMassachusetts Supreme Judicial Court · 1884
3Cited by12 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Hallman v. City of PampaCourt of Appeals of Texas · 1941
- O'Connell v. City of CambridgeMassachusetts Supreme Judicial Court · 1927
- Cole v. City of SeattleWashington Supreme Court · 1911
- White v. Mayor of NashvilleTennessee Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.