Sullivan v. City of Fall River
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff on March 15, 1877, by reason of an alleged defect in a highway in Fall River, which the defendant was bound to keep in repair.
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Tort for personal injuries occasioned to the plaintiff on March 15, 1877, by reason of an alleged defect in a highway in Fall River, which the defendant was bound to keep in repair. The writ was dated August 11, 1877, and was returnable to the Superior Court at September term 1877,'the ad damnum being $20,000. At that term it was removed to this court, on an affidavit of the defendant, under the Gen. Sts. c. 114, § 8. At the trial, a question was raised as to the right of removal, and as to the jurisdiction of this court; and Soule, J., reserved the case for the determination of the full…
1Opinion of the CourtGray, C. J.
The St. of 1877, c. 234, (which took effect after the injury sued for, and before this action was brought,) amends the law relating to the liability of towns and cities for damages from defects in highways, in several particulars: It limits the liability to cases in which the defect might have been remedied or the injury prevented by reasonable care and diligence on the part of the town. § 2. It requires that the town should have had reasonable notice of the defect, or might, by the exercise of proper care and diligence on its part, have had such notice. § 2. Any person injured is required to…
2Cited by1 opinion
- Commonwealth v. CassessoMassachusetts Supreme Judicial Court · 1975