Massachusetts Supreme Judicial Court, 1881

Donnelly v. City of Fall River

Massachusetts Supreme Judicial Court · Decided January 8, 1881 · Lord

130 Mass. 115; 1881 Mass. LEXIS 18

Cases that cite this one

5 later published cases cite this decision.

Dean v. City of Boston (Mass. Dist. Ct., App. Div. 1970)
Rogers v. City & County of Honolulu (Haw. 1933)
Haggard v. City of Arkansas City (Kan. 1924)
English v. City of Ft. Worth (Tex. App. 1912)
Shea v. City of Lowell (Mass. 1882)

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

Lord, J.

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.