Roberts v. Inhabitants of Douglas

• Decision Date: 06 October 1885
• Citation: 2 N.E. 775,140 Mass. 129
• Parties: Michael Roberts v. Inhabitants of Douglas
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

140 Mass. 129

2 N.E. 775

Michael Roberts v. Inhabitants of Douglas

Supreme Judicial Court of Massachusetts

October 6, 1885

Argued September 28, 1885

This was an action of tort to recover damages for injuries to the plaintiff's horse, occasioned by a defect in the highway of the defendant. It appeared at the trial that the defect consisted of a snow-bank 20 rods long and three or four feet high; that it had been in the street several days; and, as the defendant was driving along, his horse went into it and was injured. The accident occurred on January 31, 1881. The following notice was given under the public statutes requiring a statement of the time, place, and cause of the injury:

"To the Selectmen of the Town of Douglas: You are hereby notified that I claim damage in the sum of a hundred and fifty dollars of the town of Douglas for injury to one of my horses sustained on one of the town ways of Douglas, on account of a defect in the highway, to-wit, on the road between my dwelling house and the corner of the road westerly of the Wallum Pond school-house. Said injury occurred on the thirty-first day of January last, and was caused by an obstruction in the highway, which obstruction had remained for more than forty-eight hours previous to said injury.

[Signed] "MICHAEL ROBERTS,

"By his Attorney, A.F. BROWN."

It also appeared that the plaintiff, a few days after the service of the notice, went with the selectmen to the place of the accident, and pointed out to them the spot where his horse was hurt. The plaintiff also offered to prove that his attorney saw the said selectmen prior to giving the written notice above, and told them verbally of the accident, and explained to them where and how it occurred. The court ruled that the plaintiff's evidence, and the proposed evidence would not show a sufficient notice to the town under the statutes, and ordered a verdict for the defendant. The plaintiff excepted to the ruling.

Worcester.

Tort for injuries to the plaintiff's horse occasioned by a defect in a highway in the defendant town. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows:

It appeared by the plaintiff's evidence that his house is situated on a country road in the southerly part of the defendant town, about one third of a mile southerly from the corner of the road westerly of the Wallum Pond school-house that between the plaintiff's house and said corner there are two other dwelling-houses; that, on January 31, 1881, he started from his house for Worcester with a load of charcoal and, a short distance southerly from said corner, his horses plunged into a snowdrift, and, in consequence thereof, one of his horses received the injuries complained of; that the snow-drift was about twenty rods long, and from three to four feet deep,...