Ansell v. City of Boston

Rügg, C.J.

This is an action of tort to recover compensation for damage to the plaintiff’s automobile truck alleged to be due to a defect in a public way. It was provided in St. 1917, c. 344, Part IV, § 24, in force at the time the cause of action arose: "If a person sustains . . . damage in his property by reason of a defect or a want of repair . . . in or upon a way . . . and such . . . damage might have been prevented, or such defect or want of repair . . . might have been remedied by reasonable care and diligence on the part of the . . . city ... by law obliged to repair the same, he may,…