Lyon v. City of Cambridge
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on June 14, 1881, by an alleged defect in Bridge Street, in the defendant city.
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Tort for personal injuries occasioned to the plaintiff, on June 14, 1881, by an alleged defect in Bridge Street, in the defendant city. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence tending to prove the following facts: On June 13 and 14, 1881, Bridge Street was obstructed for its entire width, except the sidewalks, by a two-story wooden building then in course of removal through the street. The plaintiff lived in Somerville, and was accustomed to pass through Bridge Street in the street-railway…
1Opinion of the CourtC. Allen, J.
It was necessary for the plaintiff, within thirty days after receiving his injury, to give written notice to the defendant of the cause thereof. Pub. Sts. c. 52, § 19. This was a condition precedent to his right of recovery. Shea v. Lowell, 132 Mass. 187. The alleged defect relied on as the cause of the plaintiff’s injury was a depression in the sidewalk, caused by the intersection of a passageway, which depression he was unable to see by reason of the darkness. But the darkness and the omission to light the street did not constitute a defect in the way for which the defendant is liable under…
2Cases cited3 opinions
- Fowle v. Common Council of AlexandriaSupreme Court of the United States · 1830
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Shea v. City of LowellMassachusetts Supreme Judicial Court · 1882
3Cited by10 opinions
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Aiken v. City of ColumbusIndiana Supreme Court · 1906
- Hubbell v. City of ViroquaWisconsin Supreme Court · 1886
- Goodwin v. City of Fall RiverMassachusetts Supreme Judicial Court · 1917
- Spillane v. City of FitchburgMassachusetts Supreme Judicial Court · 1900
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