Gardner v. Inhabitants of Weymouth
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant' town. At the trial in the Superior Court, before Thompson, J., the plaintiff offered in evidence the following notice, signed by the plaintiff, which, it was admitted, was duly received by the defendant’s selectmen : “ Hingham Centre, May 11th, 1889. To the Honorable Board of Selectmen of the Town of Weymouth.
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Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant' town. At the trial in the Superior Court, before Thompson, J., the plaintiff offered in evidence the following notice, signed by the plaintiff, which, it was admitted, was duly received by the defendant’s selectmen : “ Hingham Centre, May 11th, 1889. To the Honorable Board of Selectmen of the Town of Weymouth. Dear Sirs: Owing to a defect in the sidewalk, (to which I can swear and also have two witnesses,) which has since been repaired, I, on the 13th day of April, having an umbrella…
1Opinion of the CourtKnowlton, J.
Under the Pub. Sts. c. 52, § 19, a person injured by a defect in a highway, who seeks to recover from a city or town for his injury, must give notice in writing of the time, place, and cause of the injury. This statute has never been repealed, but remains in full force. The only modification of it applicable to ordinary cases is found in the St. of 1882, c. 36, which is repealed and re-enacted by the St. of 1888, c. 114. The language of the amendment is as follows: “ But no notice given under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any…
2Cases cited7 opinions
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
- Fortin v. Inhabitants of EasthamptonMassachusetts Supreme Judicial Court · 1886
- Canterbury v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Liffin v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1888
- Bailey v. Inhabitants of EverettMassachusetts Supreme Judicial Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- Crowell v. City of MaldenMassachusetts Supreme Judicial Court · 1930
- Tobin v. Inhabitants of BrimfieldMassachusetts Supreme Judicial Court · 1902
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Dooling v. City of MaldenMassachusetts Supreme Judicial Court · 1927
8 more not listed; retrieve them via the Exa API.