Merrill v. City of Springfield
| Decision Date | 26 October 1933 |
| Citation | 187 N.E. 551,284 Mass. 260 |
| Parties | MERRILL v. CITY OF SPRINGFIELD. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Hampden County; Edward T. Broadhurst, Judge.
Action by Viola S. Merrill against the City of Springfield. After the recording with leave reserved of a verdict for plaintiff in the sum of $3,000 the judge entered a verdict for defendant in accordance with leave reserved, and plaintiff brings exceptions.
Exceptions overruled.
Henry A. Moran and Stephen A. Moynahan, both of Springfield, for plaintiff.
Charles V. Ryan, Jr., City Sol., and Francis I. Gallagher, Asst. City Sol., both of Springfield, for defendant.
This is an action of tort to recover damages for injuries sustained by the plaintiff on January 23, 1929, at about nine o'clock in the morning, alleged to have been caused by a defective condition of the crosswalk leading from Belmont avenue across Locust street at the junction of Mill street in the city of Springfield. The case was tried to a jury and a verdict returned for the plaintiff. Later the judge entered a verdict for the defendant in accordance with leave reserved. The case is before this court on the plaintiff's exception ‘to the action of the court in allowing the defendant's motion to direct a verdict under leave reserved.'
On January 30, 1929, the following notice, signed by the plaintiff by her attorney, was received in the office of the mayor of the city of Springfield: This notice was insufficient since the cause is not specific and ‘is equally consistent with an excavation in the way, an obstruction upon the way, an original malconstruction of the way, a worn, uneven and irregular condition of the surface of the earth, an accumulation of snow or ice, or both, or any of the many varieties of defect which may exist in a way.’ Noonan v. City of Lawrence, 130 Mass. 161, 163. The defendant in accordance with the provision of G. L. c. 84, § 20 notified the plaintiff's attorney that the notice was insufficient and requested that additional...
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