Mitchell v. City of Worcester
Massachusetts Supreme Judicial Court
Tort for personal injuries, occasioned to the plaintiff, on November 21, 1878, by a defect in a sidewalk in the defendant city. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court in substance as follows: No notice of the injury was given to the defendant until February 13, 1879, when it was given by the plaintiff’s attorney.
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Tort for personal injuries, occasioned to the plaintiff, on November 21, 1878, by a defect in a sidewalk in the defendant city. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court in substance as follows: No notice of the injury was given to the defendant until February 13, 1879, when it was given by the plaintiff’s attorney. The defendant contended that the plaintiff could not maintain this action, because she had not given the notice required by statute. The judge ruled that, when notice is not given until after thirty days from the time…
1Opinion of the Court
Gray, O. J.
The rulings at the trial were correct. The notice required by the St. of 1877, c. 234, §§ 3, 4, before bringing an action for an injury occasioned by a defect in a highway, may be given by the person injured, or by any other person in his behalf; and, if the person injured is neither physically nor mentally incapacitated to give such notice himself or through another person, is a condition precedent to the right of action. Kenady v. Lawrence, 128 Mass. 318. Gay v. Cambridge, 128 Mass. 387. Larkin v. Boston, 128 Mass. 521. The case at bar does not present the question what might be…
2Cases cited3 opinions
- Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
- Larkin v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Kenady v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
3Cited by13 opinions
- Collins v. City of SpokaneWashington Supreme Court · 1911
- White v. Mayor of NashvilleTennessee Supreme Court · 1915
- Dickie v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1881
- Goodwin v. City of Fall RiverMassachusetts Supreme Judicial Court · 1917
- May v. City of BostonMassachusetts Supreme Judicial Court · 1890
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