Spellman v. Inhabitants of Chicopee
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a defect in a sidewalk of a street in the 'defendant town. Trial in the Superior Court, without a jury, before Allen J., who reported the case for the determination of this court, in substance as follows: The evidence showed that the plaintiff was coming out of a store, on November 24, 1880, and stepped upon ice upon the sidewalk and fell; that upon a portion of the sidewalk was a depression, about an inch in depth at…
Read the full summary
Tort for personal injuries occasioned to the plaintiff by a defect in a sidewalk of a street in the 'defendant town. Trial in the Superior Court, without a jury, before Allen J., who reported the case for the determination of this court, in substance as follows: The evidence showed that the plaintiff was coming out of a store, on November 24, 1880, and stepped upon ice upon the sidewalk and fell; that upon a portion of the sidewalk was a depression, about an inch in depth at the deepest part and running out to a level with the rest of the walk in a distance of four feet in length and three…
1Opinion of the CourtMorton, J.
The only objection made by the defendant to the notice given by the plaintiff is that it does not sufficiently set out the cause of the injury, as required by the St. of 1877, c. 234, § 3. The notice states as the cause, that “ she had just left the said store and stepped on the sidewalk, that the walk was out of repair and was coated with ice in front of the store and was very slippery and unsafe, by reason of which she fell.” It is not sufficient to assign as the cause that the way was defective, or in a dangerous condition, or out of repair. Noonan v. Lawrence, 130 Mass. 161. Miles v.…
2Cases cited2 opinions
- Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
- Miles v. City of LynnMassachusetts Supreme Judicial Court · 1881
3Cited by21 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Lyons v. City of Red WingSupreme Court of Minnesota · 1899
- Redford v. City of WoburnMassachusetts Supreme Judicial Court · 1900
- Harder v. City of MinneapolisSupreme Court of Minnesota · 1889
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
16 more not listed; retrieve them via the Exa API.