Lyman v. County of Hampshire
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by reason of a defect in the flooring of a bridge in Huntington, which was a county way.
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Tort for personal injuries occasioned to the plaintiff by reason of a defect in the flooring of a bridge in Huntington, which was a county way. Trial in the Superior Court, before Pit-man, J., who reported the case for the determination of this court, in substance as follows: At the trial, the evidence disclosed that the bridge was .a covered bridge, two hundred and eighteen feet in length, with no windows, and the width of the travelled part between the stringers was fourteen and a half feet; that the injury occurred on the evening of November 8, 1881; that it was dark and rainy, and there…
1Opinion of the CourtMorton, C. J.
The plaintiff’s cause of action accrued while the Sts. of 1877, e. 234, and of 1879, c. 244, were in force. Under these statutes it was necessary for him to give, within thirty days after his injury, written notice to the county of Hampshire “ of the time, place, and cause of the said injury.” It is admitted that the notice which was given in this case sufficiently states the time and the cause of the injury; but the defendant contends that it does not state with sufficient definiteness the place of the injury.
The notice states that the injury was received “ upon the bridge in said…
2Cases cited4 opinions
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Kenady v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
- Lowe v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1882
- Cronin v. City of BostonMassachusetts Supreme Judicial Court · 1883
3Cited by15 opinions
- City of Lincoln v. O'BrienNebraska Supreme Court · 1898
- Harder v. City of MinneapolisSupreme Court of Minnesota · 1889
- Rusch v. City of DubuqueSupreme Court of Iowa · 1902
- Connor v. Salt Lake CityUtah Supreme Court · 1904
- Magee v. City of JacksonvilleSupreme Court of Florida · 1956
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