Maloney v. Inhabitants of Cohasset
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries received on January 2, 1915, and alleged to have resulted from a defect in Pond Street in Cohasset.
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Tort under R. L. c. 51, § 18, for personal injuries received on January 2, 1915, and alleged to have resulted from a defect in Pond Street in Cohasset. Writ dated June 3, 1915. In the Superior Court the action was tried before Hammond, J. To satisfy the requirements of R. L. c. 51, § 21, as amended by St. 1912, c. 221, § 1, the plaintiff relied on the following letter addressed and delivered to one of the defendant’s selectmen: “Cohasset, Dec. 5th, 1914* hí- -txr /h o x-l Mr. Wm. 0. Souther: — . I have been advised to sue this Town of Cohasset for an accident which happened to me, last…
1Opinion of the CourtRugg, C. J.
This is an action of tort whereby the plaintiff seeks to recover compensation for injuries received by her while a traveller on a highway in the defendant town by reason of a defect therein “caused,” as found by the jury, “in part by or consisting in part of snow or ice.”
Within less than ten days after her injury, the plaintiff sent the letter, signed by her, which is set out above in full. It is plain that this was not a notice such as was required by the law before the enactment of St. 1912, c. 221. See now St. 1917, *287c. 344, Part IV, § 27. McNamara v. Boston & Maine Railroad, 216 Mass. 506.…
2Cases cited8 opinions
- Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
- Merrill v. PaigeMassachusetts Supreme Judicial Court · 1918
- McCarthy v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1905
- Fuller v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1894
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
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3Cited by4 opinions
- DePrizio v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1935
- Town of Mount Dora v. GreenSupreme Court of Florida · 1934
- Elwell v. Town of AtholMassachusetts Supreme Judicial Court · 1949
- Goff v. HicksonMassachusetts District Court, Appellate Division · 1948