Donnelly v. City of Fall River
This text of 130 Mass. 115 (Donnelly v. City of Fall River) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The notice to the city in this case was so like that of Larkin v. Boston, 128 Mass. 521, that it must necessarily be governed by the decision in that case. The statute requires the notice to state the time, place and cause of the injury. The notice in this case states the place to be “ the sidewalk on Pleasant Street.” Pleasant Street is stated in the bill of exceptions [116]*116to be plie of the principal streets of the city, and is about two miles in length. To say that the defect, whether it be gas pipe, or excavation, or obstruction, is in Pleasant Street, is not, within the meaning of the statute, a statement of the place; and the presiding judge should have so ruled.
Exceptions sustained.
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Cite This Page — Counsel Stack
130 Mass. 115, 1881 Mass. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donnelly-v-city-of-fall-river-mass-1881.