Cronan v. City of Woburn

• Decision Date: 26 February 1904
• Citation: 185 Mass. 91,70 N.E. 38
• Parties: CRONAN v. CITY OF WOBURN.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

185 Mass. 91

70 N.E. 38

CRONAN v. CITY OF WOBURN.

Supreme Judicial Court of Massachusetts, Middlesex.

February 26, 1904

The declaration filed in the case is as follows:

'And the plaintiff says on Tuesday, the 8th day of October 1901, at or about 7:30 o'clock in the evening, while in the exercise of due care, he attempted to cross Main street, a public street in the city of Woburn, when, owing to the neglect and carelessness of the city of Woburn or its employés he fell into an unlighted and unguarded excavation which the defendant or its employés had made on the southease corner of said Main street and Eaton avenue a public street, on the westerly side of the sidewalk on Main street, at or near the corner of said streets, which the defendants had carelessly left unlighted, unfenced, and unguarded; that the plaintiff knew nothing of said excavation, and, while attempting to cross said street at said point, fell into said excavation, and thereby received great and severe bodily and mental injuries, which said injuries are permanent. And he further says that on account of said fall he has suffered great and severe pain and mental anguish, and has suffered great loss in not being able to attend to his customary work, and has been put to great expense for necessary nurses, medical care and attendants, and medicine. He further says that on the 26th day of October, he caused a written notice to be served upon John H. Finn, city clerk of the city Woburn, stating the time, place, and cause of said injuries, and that he should look to the city for compensation for the damages he had thereby sustained.'

A notice was served on J. H. Finn, city clerk of the city of Woburn, which read as follows: 'Boston, Oct. 29, 1901. John H. Finn, City Clerk of the City of Woburn. I, Thomas Weston, for and in behalf of Daniel Cronan of Woburn, in the County of Middlesex and Commonwealth of Massachusetts, hereby give you notice that the said Daniel Cronan received serious injuries by reason of the neglect and carelessness of the city of Woburn and by certain persons to me unknown, employed by the city of Woburn who neglected to guard by fence, lights or otherwise, an excavation which the said city and its employés had made at the corner of Eaton Avenue and Main Street, in that part of Woburn known as Central Square. The said Daniel Cronan, on Tuesday, the 8th day of October, 1901 at or about half past seven in the evening while crossing Main Street, on account of the said neglect of the city of Woburn and its servants, fell into an unguarded excavation which was situated on the southeast corner of said Main Street and Eaton Avenue, on the westerly edge of the sidewalk on said Main Street at or near said corner; that, by reason of said carelessness in leaving said excavation unfenced, unlighted, and unguarded, said Daniel Cronan was greatly injured, and he hereby gives you notice that he will claim damages for the said injuries he has sustained. Thomas Weston, for and in behalf of Daniel Cronan.'

COUNSEL

Weston & Weston, for plaintiff

Francis P. Curran, for defendant.

OPINION

BRALEY J.

This was an action of tort for injuries received by reason of a defect in a public highway within the municipal limits of the city of Woburn, and which it was required to keep in suitable repair for the use of travelers. A verdict having been...