Mitchell v. City of Worcester
Cases that cite this one
11 later published cases cite this decision.
- Harris v. City of Genoa (Neb. 1923)
- City of Nashville v. Black (Tenn. 1919)
- White v. Mayor of Nashville (Tenn. 1915)
- Collins v. City of Spokane (Wash. 1911)
- Finneran v. Graham (Mass. 1908)
- Saunders v. City of Boston (Mass. 1897)
- May v. City of Boston (Mass. 1890)
- Nash v. Inhabitants of South Hadley (Mass. 1887)
- Lyons v. City of Cambridge (Mass. 1882)
- McNulty v. City of Cambridge (Mass. 1881)
- Dickie v. Boston & Albany Railroad (Mass. 1881)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The rulings at the trial were correct. The notice required by the St. of 1877, c. 234, §§ 3, 4, before bringing an action for an injury occasioned by a defect in a highway, may be given by the person injured, or by any other person in his behalf; and, if the person injured is neither physically nor mentally incapacitated to give such notice himself or through another person, is a condition precedent to the right of action. Kenady v. Lawrence, 128 Mass. 318. Gay v. Cambridge, 128 Mass. 387. Larkin v. Boston, 128 Mass. 521. The case at bar does not present the question what might be the effect if the person injured continued to be so incapacitated for two years after the injury.
Judgment on the verdict.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.