Dobbins v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the neglect of the defendant to keep a certain highway in repair, whereby the plaintiff, travelling thereon, was hurt. There was no allegation in the declaration, nor was there any proof at the trial, that notice of the time, place, and cause of the injury was given to the defendant within thirty days from the time the injury was received.
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Tort, for personal injuries occasioned to the plaintiff by the neglect of the defendant to keep a certain highway in repair, whereby the plaintiff, travelling thereon, was hurt. There was no allegation in the declaration, nor was there any proof at the trial, that notice of the time, place, and cause of the injury was given to the defendant within thirty days from the time the injury was received. Trial in the Superior Court, before Mason, C. J., who, at the close of the evidence for the plaintiff, directed a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtHolmes, J.
This is an action against a street railway company for injuries caused by a defect in the highway between the railway track's, which was due to the defendant’s neglect of its obligation to repair, imposed by Pub. Sts. c. 113, § 32. The question is whether the defendant was entitled to the notice required by Pub;. Sts. c. 52, § 19, to be given to the “ county, town, place, or persons by law obliged to keep said highway . . . in repair,” as a condition to the right to sue it given by § 18.
The difficulty is here. The obligation to repair the highway at the point where the accident happened is…
2Cases cited3 opinions
- Dickie v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1881
- Mack v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Brookhouse v. Union Railway Co.Massachusetts Supreme Judicial Court · 1882
3Cited by8 opinions
- Ram v. Town of CharltonMassachusetts Supreme Judicial Court · 1991
- McMahon v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1906
- Seltzer v. Amesbury & Salisbury Gas Co.Massachusetts Supreme Judicial Court · 1905
- Leary v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Pratt v. Western Bridge & Construction Co.Nebraska Supreme Court · 1928
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