McCarthy v. Inhabitants of Dedham
Massachusetts Supreme Judicial Court
Tort for injuries caused by an alleged defect in the easterly side of East Street, a highway in Dedham, near its junction with Avery Street in that town, at a point under a bridge of the New York, New Haven, and Hartford Railroad Company, at five o’clock in the afternoon of December 11, 1901, the - alleged defect consisting of a plank extending into the portion of the highway there open for travel.
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Tort for injuries caused by an alleged defect in the easterly side of East Street, a highway in Dedham, near its junction with Avery Street in that town, at a point under a bridge of the New York, New Haven, and Hartford Railroad Company, at five o’clock in the afternoon of December 11, 1901, the - alleged defect consisting of a plank extending into the portion of the highway there open for travel. Writ dated September 4, 1902. At the trial in the Superior Court before Harris, J. the defendant at the close of the evidence requested six rulings, of which the judge gave the fifth and sixth as…
1Opinion of the CourtHammond, J.
It is stoutly contended by the defendant that there was no sufficient evidence that the statutory notice was given within thirty days. Upon this branch of the case the evidence was conflicting, but it. would warrant a finding that between eight and ten o’clock in the evening of January 10, 1902, the last day within which due service of the notice could be made, one Coughlin, acting in behalf of the plaintiff, went to the house of Shriver, one of the selectmen of the defendant town, and “gave the notice to a lady, apparently a domestic who came to the door,” and that Shriver occupied the hou^e…
2Cases cited1 opinion
- Shea v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
3Cited by14 opinions
- Vermeer Ex Rel. Vermeer v. SnellerSupreme Court of Iowa · 1971
- Costello v. Board of Appeals of LexingtonMassachusetts Appeals Court · 1975
- Old Colony Railroad v. Assessors of QuincyMassachusetts Supreme Judicial Court · 1940
- McCord v. Masonic Casualty Co.Massachusetts Supreme Judicial Court · 1909
- Anderson v. Town of BillericaMassachusetts Supreme Judicial Court · 1941
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