Dalton v. City of Salem
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by an-alleged defect in a highway in the defendant city. At the trial in the Superior Court, Knowlton, J., ruled that the following notice, signed by the plaintiff, did not sufficiently state the cause of the injury: “ Salem, Nov. 29,1879. “ To the board of aldermen of the city of Salem: “The undersigned respectfully represents that on Friday, the 21st day of November, 1870, at 1 1-2 o’clock, P. M., while passing on the…
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Tort for personal injuries occasioned to the plaintiff by an-alleged defect in a highway in the defendant city. At the trial in the Superior Court, Knowlton, J., ruled that the following notice, signed by the plaintiff, did not sufficiently state the cause of the injury: “ Salem, Nov. 29,1879. “ To the board of aldermen of the city of Salem: “The undersigned respectfully represents that on Friday, the 21st day of November, 1870, at 1 1-2 o’clock, P. M., while passing on the sidewalk on Lafayette Street, near Lagrange Street, she fell to the sidewalk, breaking her wrist and sustaining other…
1Opinion of the CourtColburn, J.
The only question in this case is, whether the court was right in ruling that the notice did not sufficiently state the cause of the injury.
The purpose of the notice was to give the city such information as would enable it to investigate the cause relied upon; and, if it was sufficient for this purpose, it was sufficient as a condition precedent to maintaining the action. Lowe v. Clinton, 133 Mass. 526. The notice states, as the cause of the injury, a fall “ consequent upon the icy and slippery condition of the said sidewalk.” It is true that a sidewalk may be icy and slippery, without being…
2Cases cited4 opinions
- Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Lowe v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1882
- Savory v. City of HaverhillMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- Dalton v. City of SalemMassachusetts Supreme Judicial Court · 1885
- Canterbury v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1954