Winship v. City of Boston
Massachusetts Supreme Judicial Court
Tout for personal injuries sustained by reason of an alleged defect in a sidewalk of Boylston Street, a public highway in Boston, on November 27, 1905. Writ dated February 24, 1906. In the Superior Court the case was tried before Lawton, J. There was evidence tending to show that the sidewalk at the place of the alleged defect was about seven feet wide and was made of brick with the usual curbstone next to the roadway; that a part of the sidewalk adjoining the curbstone was…
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Tout for personal injuries sustained by reason of an alleged defect in a sidewalk of Boylston Street, a public highway in Boston, on November 27, 1905. Writ dated February 24, 1906. In the Superior Court the case was tried before Lawton, J. There was evidence tending to show that the sidewalk at the place of the alleged defect was about seven feet wide and was made of brick with the usual curbstone next to the roadway; that a part of the sidewalk adjoining the curbstone was torn up for a width of about eighteen inches, leaving the width of the part of the sidewalk bricked over about five and…
1Opinion of the CourtBraley, J.
The original notice required by R. 'L. c. 51, § 22, did not fully state the place and cause of the plaintiff’s *275injury, but the supplemental statement in reply to the defendant’s request for further particulars, either cured the omission, or the jury could have found that in giving the notice there was no intention to mislead and that in fact the defendant was not thereby misled. Canterbury v. Boston, 141 Mass. 215. Norwood v. Somerville, 159 Mass. 105. Carberry v. Sharon, 166 Mass. 32.
The previous knowledge of the plaintiff of the condition of the sidewalk which was in process of repair,…
2Cases cited16 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Norwood v. City of SomervilleMassachusetts Supreme Judicial Court · 1893
- Compton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Correira v. Atlantic Amusement Co.Massachusetts Supreme Judicial Court · 1938
- Naze v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1924
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Mulvaney v. City of WorcesterMassachusetts Supreme Judicial Court · 1935
- Sullivan v. Town of SaugusMassachusetts Supreme Judicial Court · 1940
18 more not listed; retrieve them via the Exa API.