Fuller v. Inhabitants of Hyde Park
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a defect in the highway of the defendant town. Answer: 1. A general denial. 2. That no notice was given by the plaintiff of the time, place, and cause of the injury, as required by law. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Tort, for personal injuries occasioned to the plaintiff by a defect in the highway of the defendant town. Answer: 1. A general denial. 2. That no notice was given by the plaintiff of the time, place, and cause of the injury, as required by law. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. It appeared that in the evening of June 6, 1891, the plaintiff, while wallring on the highway, fell over the root of a tree in the westerly sidewalk of Hyde Park Avenue, at a point not far from an electric light nearly opposite Dell Avenue, and…
1Opinion of the CourtMorton, J.
No question is made as to the sufficiency of the notice in respect of the time and cause of the injury. It is contended that it is insufficient as to the place. The notice is meagre in that particular, but we do not think that it is so defective as to render it invalid. The place is described as on Central Park Avenue, and is further identified by the cause of the injury, which is stated as “ the root of a tree on the sidewalk.” It was said in Gardner v. Weymouth, 155 Mass. 595, 597, that a notice maybe inaccurate through insufficiency as well as actual mistake, and that the injured party may…
2Cases cited3 opinions
- Norwood v. City of SomervilleMassachusetts Supreme Judicial Court · 1893
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
- Fortin v. Inhabitants of EasthamptonMassachusetts Supreme Judicial Court · 1886
3Cited by13 opinions
- Keith v. Worcester & Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Naze v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1924
- Carberry v. Inhabitants of SharonMassachusetts Supreme Judicial Court · 1896
- Blackmer v. ToohilMassachusetts Supreme Judicial Court · 1961
- City of Ashland v. BoggsCourt of Appeals of Kentucky · 1914
8 more not listed; retrieve them via the Exa API.