Brocklesby v. City of Newton

These are actions for the conscious suffering and death of the plaintiff’s intestate, alleged to have resulted from a defect in a highway.

The only questions before us arise from the refusal of the judge to grant rulings requested by the defendant in each case to the effect that the statutory notice given by the plaintiff to the defendant of the time, place and cause of the injury was inadequate. On the first day of the trial, and again during the final arguments, colloquies took place between counsel and with the court, from which the judge was well justified in concluding that the defendant…