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Sherry v. Rochester

December 1, 1882 - Opinion

Unanimous

Sherry v. Rochester.

In a notice given by a traveller to a town of an injury caused by a defective highway, the day of the injury is a sufficient description of the time, in the absence of evidence that a specification of the hour was necessary.

Case, for injuries received by a traveller on a highway. Yer-dict for the plaintiff. In the notice given to the town (G. L., c. 75, s. 7), the plaintiff stated that the injuries were received February 20, 1881. The defendants excepted to the ruling that the'time was sufficiently stated.

Worcester Gafney, for the defendants.

Qopeland § Edgerly, for the plaintiff.

Doe, O. J.

It is not found as a fact that a more specific statement of, the time was necessary, and no error of law appears. Donnelly v. Fall River, 132 Mass. 299.

Judgment on the verdict.

Blodgett J., did not sit: the others concurred.

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Date Record Text Type Party PDF
December 1, 1882 Sherry v. Rochester Current page Opinion Supreme Court Reporter