Savory v. City of Haverhill
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant city. Writ dated April 30,1880. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows : The evidence tended to prove that the defect relied on was a stone situated on the westerly side of Kent Street in the defendant city, directly in front of a house occupied by Eben D. Bailey, which stone was about one foot high, one…
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Tort, for personal injuries occasioned to the plaintiff by an alleged defect in a highway in the defendant city. Writ dated April 30,1880. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows : The evidence tended to prove that the defect relied on was a stone situated on the westerly side of Kent Street in the defendant city, directly in front of a house occupied by Eben D. Bailey, which stone was about one foot high, one and a half feet wide and two feet long, and projected beyond the paved gutter several inches into the travelled part of…
1Opinion of the CourtDevens, J.
The written notice in the present case, given within thirty days after the injury to the plaintiff and before action brought, was sufficient. It informed the city of the time by stating the day when the injury occurred. All defects are undoubtedly much more liable to cause injury at night than in the daytime, and the city was bound to keep its ways safe and convenient for travellers at all times. But if the city was informed of the day of the occurrence, it could, if it were also informed of the place and alleged cause of the injury, determine whether at any time during that day the way was…
2Cases cited1 opinion
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
3Cited by9 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Cook v. City of Council BluffsSupreme Court of Iowa · 1978
- Cronin v. City of BostonMassachusetts Supreme Judicial Court · 1883
- Dalton v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Welch v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1882
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