Wolf v. Boston Water & Sewer Commission

The plaintiff, Reginald R. Wolf, brought this action against the Boston Water and Sewer Commission (commission) for personal injuries sustained when temporary road patchwork on.Congress Street in Boston, installed by the commission, collapsed beneath him. The commission filed a motion to dismiss based on the plaintiffs failure to give it notice within thirty days of the injury as required by G. L. c. 84, § 18. A judge in the Superior Court granted the mo tion and reported the case to the Appeals Court. We transferred the report here on our own motion.

For purposes of discussion, we accept the…