Norwood v. City of Somerville
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by an alleged defect in Cedar Street in the defendant city, on November 2, 1889. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by an alleged defect in Cedar Street in the defendant city, on November 2, 1889. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence, that on November 2, 1889, at about six o’clock in the evening, it being dark at the time, the plaintiff fell into an open trench in Cedar Street, of the depth of about four and a half feet, in front of the house on that street where the plaintiff resided with her parents ; that the lot on which the house was situated was next to…
1Opinion of the CourtBarker, J.
1. The presiding justice was right in refusing to rule that there was not sufficient evidence to go to the jury, that there was no intention to mislead the city by the notice given, and that the city was not in fact misled, and in submitting those questions to the jury. There was evidence that the plaintiff was hurt on the second day of November, by falling into an open trench dug by workmen employed by the city for the purpose of laying water-pipes, and under the supervision and orders of the city superintendent of waterworks. The notice did not specify the place of injury, except by stating…
2Cases cited1 opinion
- Pomeroy v. Inhabitants of WestfieldMassachusetts Supreme Judicial Court · 1891
3Cited by24 opinions
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