Hamilton v. City of Cambridge

The alleged defect was in the sidewalk of Massa-

chusetts Avenue in Cambridge, near a city water shut-off. There was testimony that two bricks were broken in halves, making a V shaped depression- two or three inches deep and six or eight inches long. It did not appear how this condition was caused, or how long before the accident it had existed. The trial judge * directed a verdict for the defendant, on the ground that there was no evidence to show that the city “had or by the exercise of proper care and diligence might have had reasonable notice of the defect.” The correctness of this ruling…