[DOWNLOAD] "Amsler v. City Quincy" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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eBook details

• Title: Amsler v. City Quincy
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 31, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

FIELD, Justice. This action of tort was brought in the District Court. The plaintiff seeks to recover for personal injuries sustained by her on February 3, 1934, by reason of a defective condition of a sidewalk on a public way in the city of Quincy. There was a finding for the plaintiff and a report to the Appellate Division. From an order of the Appellate Division dismissing the report and defendant appealed. The only matter in controversy is whether 'notice of the time, place and cause' of the plaintiff's injury was given seasonably. G.L.(Ter.Ed.) c. 84, § 18, as amended by St.1933, c. 114, § 1, provides that a 'person so injured shall, within ten days thereafter * * * give to the * * * city * * * notice.' G.L.(Ter.Ed.) c. 84, § 19, as amended by St.1933, c. 114, § 2, provides that 'Such notice shall be in writing * * * and may be given, in the case of a * * * city, to the mayor, the city clerk or treasurer.' The report sets out a 'Finding' of the trial Judge which, according to the report, 'contains, by agreement of the parties, a statement of all of the evidence and facts material to the determination of the issues raised.' In this 'Finding' the following statements appear: 'The notice was proper in form and content. * * * The attorney representing the plaintiff deposited and registered the piece of mail containing the notice at a Post Office in Boston on February 12, 1934, properly directed and addressed to the City Clerk of the City of Quincy. This piece of mail was received at the Quincy Post Office at about 6:40 a. m. on February 13, 1934, and was delivered to Harry W. Tirrell, the City Messenger, at the Quincy Post Office at some time after 8:59 a. m. on the same day. Tirrell signed and receipted for this registered piece of mail, which contained the notice, in behalf of the City Clerk on February 13, 1934. The Quincy Post Office is located in the same general vicinity as the City Hall where the City Clerk has his office. Tirrell has been City Messenger for forty-seven years, and it is part of his duties to collect at the Quincy Post Office the ordinary mail and to sign for and receive registered pieces of mail for all of the city departments. His practice was to return to City Hall, sort the mail, and deliver it on the same day to the different departments. This has been his practice for forty-seven years.

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