Saunders v. City of Boston
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff on January 18,1895, by an alleged defect in a highway in the defendant city, caused by an accumulation of snow and ice. Trial in the Superior Court, before Mason, C. J„ who directed a verdict for the defendant; and the plaintiff alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff cannot recover without showing
that a notice of the time, place, and cause of the accident was given to the city, in accordance with the requirements of the Pub. Sts. c. 52, § 19, as amended by St. 1894, c. 422. She did not give a notice within ten days, as required by the statute ; and the only question in the case is whether there was evidence that, from physical or mental incapacity, it was,impossible for her to give one within that time. If the jury could properly find that it was impossible, her later notice might have been found sufficient under the Pub. Sts. c. 52, § 21;…
2Cases cited4 opinions
- May v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Mitchell v. City of WorcesterMassachusetts Supreme Judicial Court · 1880
- Lyons v. City of CambridgeMassachusetts Supreme Judicial Court · 1882
- McNulty v. City of CambridgeMassachusetts Supreme Judicial Court · 1881
3Cited by10 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Born v. City of SpokaneWashington Supreme Court · 1902
- Perry v. MedeirosMassachusetts Supreme Judicial Court · 1976
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Goodwin v. City of Fall RiverMassachusetts Supreme Judicial Court · 1917
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