Seltzer v. Amesbury & Salisbury Gas Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE TORT by different plaintiffs against the Amesbury and Salisbury Gas Company for injuries incurred while travelling on Beach Road, a public highway in the town of Salisbury, from the alleged improper filling of a trench dug by the defendant for the purpose of laying gas pipes in that highway, by reason of which the wheel of the wagon in which the plaintiffs were driving sank into the trench, throwing the plaintiffs to the ground.
Read the full summary
Two ACTIONS OE TORT by different plaintiffs against the Amesbury and Salisbury Gas Company for injuries incurred while travelling on Beach Road, a public highway in the town of Salisbury, from the alleged improper filling of a trench dug by the defendant for the purpose of laying gas pipes in that highway, by reason of which the wheel of the wagon in which the plaintiffs were driving sank into the trench, throwing the plaintiffs to the ground. Writs dated February 26, 1903. In the Superior Court the cases' were tried together before DeOourey, J. A third case by Nutting against the town of…
1Opinion of the CourtHammond, J.
The sole question is whether the provisions found in R. L. c. 51, § 20, requiring notice of the time, place and cause of the injury to be given are applicable to this action.
By the plain reading of the statute, the provision for such a notice is applicable only where the action is brought for failure to perform the duty imposed by law of keeping the way in repair. *244And it is applicable in such an action whether the defendant be a town, corporation or person. Dickie v. Boston & Albany Railroad, 131 Mass. 516. Dobbins v. West End Street Railway, 168 Mass. 556. Where, however, the action is at…
2Cases cited4 opinions
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Dickie v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1881
- Fisher v. CushingMassachusetts Supreme Judicial Court · 1883
- Dobbins v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
3Cited by16 opinions
- Sloper v. City of QuincyMassachusetts Supreme Judicial Court · 1938
- Bern v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1942
- Boston Gas Co. v. City of NewtonMassachusetts Supreme Judicial Court · 1997
- Meyer v. Veolia Energy North AmericaMassachusetts Supreme Judicial Court · 2019
- Larson v. New England Telephone & Telegraph Co.Supreme Judicial Court of Maine · 1945
11 more not listed; retrieve them via the Exa API.