Massachusetts Supreme Judicial Court, 1881

McNulty v. City of Cambridge

McNulty v. City of Cambridge
Massachusetts Supreme Judicial Court · Decided January 17, 1881 · Gray
130 Mass. 275; 1881 Mass. LEXIS 71
McNulty v. City of Cambridge

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Gray, C. J.

This case is covered in every particular by previous decisions. There was no evidence that either of the statements made by Tiehan and Carrigan in conversation with the police officers purported or was understood to be a notice to th.e city under the statute. Kenady v. Lawrence, 128 Mass. 318. The written notice was insufficient, because it did not state the cause of the injury. Noonan v. Lawrence, ante, 161. The notice given more than thirty days after the injury was too late, there being no evidence that the plaintiff was incapable of giving the notice within the thirty days. Mitchell v. Worcester, 129 Mass. 525.

Judgment on the verdict.

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