Donnelly v. City of Fall River
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in Pleasant Street in the defendant city. After the former decision, reported 180 Mass. 115, the case was tried in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The notice given by the plaintiff to the city stated that, on December 20, 1878, the plaintiff fell upon the sidewalk in Pleasant Street in consequence of his foot being caught by a gas-pipe…
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Tort for personal injuries occasioned to the plaintiff by a defect in Pleasant Street in the defendant city. After the former decision, reported 180 Mass. 115, the case was tried in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The notice given by the plaintiff to the city stated that, on December 20, 1878, the plaintiff fell upon the sidewalk in Pleasant Street in consequence of his foot being caught by a gas-pipe projecting above said sidewalk, whereby he was injured. The defendant objected to the sufficiency of the notice only on the…
1Opinion of the CourtLord, J.
The only objection to the notice now taken is that it does not specify the time with sufficient precision. We think this objection not well taken. It has been said, indeed, that under some extraordinary circumstances it might be that not only the time but the cause of the injury ought to be stated with unusual definiteness. Larkin v. Boston, 128 Mass. 521, 522. But there is nothing in this case to show that anything depended either upon the precise height or form of the obstruction, or upon the particular hour of the occurrence. The ruling of the presiding judge that the facts in this case…
2Cases cited1 opinion
- Larkin v. City of BostonMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- Cronin v. City of BostonMassachusetts Supreme Judicial Court · 1883
- Titus v. City of MontesanoWashington Supreme Court · 1919
- Sherry v. RochesterSupreme Court of New Hampshire · 1882