McNulty v. City of Cambridge
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on January 26, 1879, by a defect in a highway in the defendant city. Answer, a general denial. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The plaintiff fell on the ice, and broke his leg.
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Tort for personal injuries occasioned to the plaintiff, on January 26, 1879, by a defect in a highway in the defendant city. Answer, a general denial. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows: The plaintiff fell on the ice, and broke his leg. On the evening of the accident, after the plaintiff’s leg was set, he told one Tiehan and one Carrigan, who had seen him fall and helped him home, and neither of whom was related to him, that he wanted them to notify the police that he had broken his leg on a…
1Opinion of the CourtGray, C. J.
This case is covered in every particular by previous decisions. There was no evidence that either of the statements made by Tiehan and Carrigan in conversation with the police officers purported or was understood to be a notice to th.e city under the statute. Kenady v. Lawrence, 128 Mass. 318. The written notice was insufficient, because it did not state the cause of the injury. Noonan v. Lawrence, ante, 161. The notice given more than thirty days after the injury was too late, there being no evidence that the plaintiff was incapable of giving the notice within the thirty days. Mitchell v.…
2Cases cited2 opinions
- Kenady v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
- Mitchell v. City of WorcesterMassachusetts Supreme Judicial Court · 1880
3Cited by5 opinions
- Goodwin v. City of Fall RiverMassachusetts Supreme Judicial Court · 1917
- May v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Saunders v. City of BostonMassachusetts Supreme Judicial Court · 1897
- Grueby v. Chase Harris Forbes Corp.Massachusetts Supreme Judicial Court · 1935
- Lyons v. City of CambridgeMassachusetts Supreme Judicial Court · 1882