Madden v. City of Springfield
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Answer: 1. A general denial. 2. That no notice of the injury was received by the defendant as required by law.
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Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant city. Answer: 1. A general denial. 2. That no notice of the injury was received by the defendant as required by law. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court, in substance as follows: It appeared that, on April 23, 1879, at noon, the plaintiff, who was then six years and nine months old, fell, in consequence of a defect in Main Street in the defendant city, at a point where two rails in the street railway unite, and broke her arm.…
1Opinion of the CourtMortor, J.
The statute provides that “ any person ” injured by a defect in a highway, shall within thirty days thereafter give notice to the town, city, place or persons obliged by law to repair the same, of the time, place and cause of the injury; such notice is a condition precedent to the right to maintain an action for the injury. St. 1877, c. 234. Kenady v. Lawrence, 128 Mass. 318. Gay v. Cambridge, 128 Mass. 387.
This provision includes infants as well as adults, a sufficient protection to the rights of infants being furnished by the further provision which permits the notice to be given in their…
2Cases cited5 opinions
- Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
- Taylor v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1881
- Miles v. City of LynnMassachusetts Supreme Judicial Court · 1881
- Kenady v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
3Cited by16 opinions
- Artukovich v. AstendorfCalifornia Supreme Court · 1942
- Brown v. Board of TrusteesNew York Court of Appeals · 1952
- City of Birmingham v. WestonSupreme Court of Alabama · 1937
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Dechant ex rel. Dechant v. City of HaysSupreme Court of Kansas · 1923
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