Cronan v. City of Woburn
Massachusetts Supreme Judicial Court
Tort for injuries received by the plaintiff on Main Street at the corner of Eaton Avenue in the city of Woburn. Writ dated October 30, 1901. The declaration was as follows: “ And the plaintiff says on Tuesday, the 8th day of October, 1901, at or about 7.30 o’clock in the evening while in the exercise of due care, he attempted to cross Main Street, a public street in the city of Woburn, when owing to the neglect and carelessness of the city of Woburn, or its employees, he…
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Tort for injuries received by the plaintiff on Main Street at the corner of Eaton Avenue in the city of Woburn. Writ dated October 30, 1901. The declaration was as follows: “ And the plaintiff says on Tuesday, the 8th day of October, 1901, at or about 7.30 o’clock in the evening while in the exercise of due care, he attempted to cross Main Street, a public street in the city of Woburn, when owing to the neglect and carelessness of the city of Woburn, or its employees, he fell into an unlighted and unguarded excavation which the defendant or its employees had made on the southeast corner of…
1Opinion of the CourtBraley, J.
This was an action of tort for injuries received by reason of a defect in a public highway within the municipal limits of the city of Woburn, and which it was required to keep in suitable repair for the use of travellers. A verdict having been returned for the plaintiff, the case is here on exceptions by the defendant.
We treat all the exceptions not argued as waived; and it is now contended that the notice given, and the declaration itself, are not sufficient in law to sustain the verdict.
While the notice given to the defendant may be open to a refined criticism that in part it refers to the…
2Cases cited5 opinions
- Whitney v. HoughtonMassachusetts Supreme Judicial Court · 1879
- Denham v. BryantMassachusetts Supreme Judicial Court · 1885
- King v. HowesMassachusetts Supreme Judicial Court · 1902
- Keller v. WebbMassachusetts Supreme Judicial Court · 1879
- United States National Bank v. VennerMassachusetts Supreme Judicial Court · 1899
3Cited by8 opinions
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Berman v. LinnaneMassachusetts Supreme Judicial Court · 2001
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Beers v. McGinnisMassachusetts Supreme Judicial Court · 1906
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