Lyons v. City of Cambridge

This is an action of tort for personal injuries occasioned to the plaintiff by a defect in a highway in the *535defendant city. It appeared at the trial that the plaintiff neglected to give within thirty days the notice required by the St. of 1877, c. 234, § 3, of the time, place and cause of her injury. This being so, the burden of proof was upon her to show that, from physical or mental incapacity, it was impossible for her to give the notice within thirty days, either by herself or by some person in her behalf. Mitchell v. Worcester, 129 Mass. 525. Upon the bill of exceptions, it is clear that…