Miller v. Rosenthal

By the Court.

This is an action of tort to recover compensation for personal injuries resulting from slipping upon ice negligently accumulated on a sidewalk by the defendant. The injury was sustained on March 6, 1923. The writ was dated on March 7, 1923. A notice was alleged to have been given pursuant to G. L. c. 84, § 21, as amended by St. 1922, c. 241, on March 8, 1923. The giving of the notice in a case like the present is a condition precedent to the existence of the cause of action. Injury alone cannot have life as a cause of action until after compliance with that condition. Baird v.…