Carberry v. Inhabitants of Sharon
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff in consequence of an alleged defect in a highway in the defendant town. At the trial in the Superior Court, before Braley, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtAllen, J.
The notice mentions as the cause of the injury that the plaintiff “ was thrown from her carriage, caused by a defect in the road.” Under a former statute this would have *33been insufficient. Madden v. Springfield, 131 Mass. 441. But under the statute now in force, St. 1888, c. 114, it is sufficient, it having been proved at the trial that there was no intention to mislead, and that the town was not in fact misled thereby. Fortin v. Easthampton, 142 Mass. 486. Liffin v. Beverly, 145 Mass. 549. Grardner v. Weymouth, 155 Mass. 595. Fuller v. Hyde Park, 162 Mass. 51.
The defendant contends that the…
2Cases cited8 opinions
- Taylor v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1881
- Gustafsen v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1891
- Madden v. City of SpringfieldMassachusetts Supreme Judicial Court · 1881
- Fuller v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1894
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
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3Cited by13 opinions
- Naze v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1924
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Meniz v. MillMassachusetts Supreme Judicial Court · 1914
- Cameron v. City of SomervilleMassachusetts Supreme Judicial Court · 1934
8 more not listed; retrieve them via the Exa API.