Bailey v. Inhabitants of Everett
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a highway in the defendant town. Answer, a general denial. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtW. Allen, J.
The evidence shows that the plaintiff was injured by falling into a ditch, which was in the highway between the sidewalk and carriageway, and formed part of the highway, and which the plaintiff in her declaration alleges the defendant had negligently left uncovered. The only question before us is, whether the notice given by the plaintiff to the defendant town is sufficient. The notice particularly states the time and place of the injury, and the only objection made to it is that it does not give notice of the cause.
The statute requires a person injured to give notice of the time, place and…
2Cases cited5 opinions
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
- Taylor v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1881
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Lyons v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1902
- Whitman v. Inhabitants of GrovelandMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
- Canterbury v. City of BostonMassachusetts Supreme Judicial Court · 1886
- Maloney v. CookSupreme Court of Rhode Island · 1899
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1954
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