McCabe v. City of Cambridge
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on October 1, 1880, by a defect in a highway in the defendant city.
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Tort for personal injuries occasioned to the plaintiff, on October 1, 1880, by a defect in a highway in the defendant city. At the trial in the Superior Court, before Bacon, J., there was evidence tending to prove the following facts: On October 30, 1880, the son of the plaintiff obtained the notice hereinafter set forth, got it signed by his mother, who was confined to her bed, and at about two o’clock in the afternoon, by her authority, left it, in the absence of the city clerk, with the assistant city clerk, at the clerk’s office in Cambridge, the assistant clerk saying that it was just as…
1Opinion of the CourtHolmes, J.
The notice in this case was well served on the city of Cambridge when it was put into the hands of the assistant clerk in the city clerk’s office. The fact of leaving his assistant in charge of the office was a sufficient request to receive official communications properly to be delivered at that place, within the ordinance under which the assistant was appointed. And, on general principles, the assistant was so far the servant of the clerk and all one with him that a delivery to the assistant, under the circumstances, was a delivery to the clerk.
We also think that the notice was sufficient.…
2Cited by16 opinions
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- Maryon v. City of AtlantaSupreme Court of Georgia · 1919
- City of Lincoln v. O'BrienNebraska Supreme Court · 1898
- Harrison Co. v. City of AtlantaCourt of Appeals of Georgia · 1921
- Harder v. City of MinneapolisSupreme Court of Minnesota · 1889
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