Gay v. City of Cambridge
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on December 28, 1877, by a defect in a highway in the defendant city. Answer, a general denial. At the trial in the Superior Court, before Colburn, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which are stated in the opinion.
1Opinion of the CourtMorton, J.
The statute in force at the time the plaintiff’s alleged cause of action accrued requires that any person injured by a defect in a highway shall within thirty days thereafter give notice, to the city or town by law obliged to keep said highway in repair, of the time, place and cause of the injury, unless from physical or mental incapacity it is impossible for the person injured to give such notice, in which case he may give notice within ten days after such incapacity is removed. St. 1877, c. 234. This notice is a condition precedent to the right to maintain an action against the city or town.
2Cited by32 opinions
- Vasys v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1982
- Walters v. City of OttawaIllinois Supreme Court · 1909
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- City of Fort Worth v. SheroCourt of Appeals of Texas · 1897
- Dechant ex rel. Dechant v. City of HaysSupreme Court of Kansas · 1923
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