Sargent v. City of Lynn
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by a defect in a concrete crossing in the defendant city. Trial in the Superior Court, without a jury, before Wilkinson, J., who reported the case for the determination of this court, in substance as follows: The alleged defect was about four and a half feet in length and of the width of the concrete which had been taken up and removed, making a hole or excavation in the crossing, and leaving the concrete on the…
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Tort, for personal injuries occasioned to the plaintiff by a defect in a concrete crossing in the defendant city. Trial in the Superior Court, without a jury, before Wilkinson, J., who reported the case for the determination of this court, in substance as follows: The alleged defect was about four and a half feet in length and of the width of the concrete which had been taken up and removed, making a hole or excavation in the crossing, and leaving the concrete on the northerly side, at a distance of about five feet from the curbstone, at the northeasterly corner of Oxford Street and…
1Opinion of the CourtC. Allen, J.
The omission to mention the particular corner of Washington Street and Oxford Street does not render the notice invalid. The minute description of the nature of the defect aids in fixing the place. There is no occasion for us to assume that the city had left such a defect at more than one corner of these streets. Whether the description of the place of the defect as in the sidewalk was strictly accurate or not, (which may be open to question,) we cannot see that an officer of the city, with the notice in his hand, looking for the alleged defect, would have any doubt as to the precise spot.…
2Cases cited3 opinions
- Lowe v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1882
- McCabe v. City of CambridgeMassachusetts Supreme Judicial Court · 1883
- Welch v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1882
3Cited by5 opinions
- Barribeau v. City of DetroitMichigan Supreme Court · 1907
- Reichert v. City of ChicagoAppellate Court of Illinois · 1912
- Hein v. Village of FairchildWisconsin Supreme Court · 1894
- Hill v. City of ChattanoogaCourt of Appeals of Tennessee · 1932
- McComb v. City of ChicagoAppellate Court of Illinois · 1913