Canterbury v. City of Boston
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by falling on the sidewalk of Mount Vernon Street, in the defendant city.
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Tort for personal injuries occasioned to the plaintiff by falling on the sidewalk of Mount Vernon Street, in the defendant city. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : The accident happened on February 28, 1883; and on March 6, 1883, the plaintiff served the following notice on the defendant, dated March 3, 1883 : “You will please take notice that on the evening of February 28, 1883, between nine and ten o’clock, P. M., I received a bodily injury by reason of a defect in a highway in said city, to wit, a defect on the…
1Opinion of the CourtField, J.
The exceptions relate only to the sufficiency of the notice. The notice given in this case accurately described the time and place of the injury. The defendant contends that the jury may have found for the plaintiff on the ground that the defendant was liable, not because there was any accumulation of snow and ice which was in itself a defect, but because the sidewalk was so improperly constructed that it occasioned the formation of smooth and slippery ice, in a manner other than would occur from natural causes if the sidewalk had been properly constructed; and that the notice did not state…
2Cases cited3 opinions
- Spellman v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1881
- Bailey v. Inhabitants of EverettMassachusetts Supreme Judicial Court · 1882
- Dalton v. City of SalemMassachusetts Supreme Judicial Court · 1884
3Cited by10 opinions
- Ram v. Town of CharltonMassachusetts Supreme Judicial Court · 1991
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Hughes v. City of LawrenceMassachusetts Supreme Judicial Court · 1894
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
- Laue v. City of MadisonWisconsin Supreme Court · 1893
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