142 Mass. 486 | Mass. | 1886
The notice was not sufficient to satisfy the Pub. Sts. a. 52, § 19, because it did not properly state the cause of the damage, if for no other reason. The defendant argues, that there was a total failure to state any cause, that such a total omission cannot be called an “ inaccuracy in stating the cause,” and therefore that the plaintiff is not helped by the St. of 1882, g. 36.
The evidence of the conversations was admissible, not for the purpose of supplementing the written notice, but for the purpose of showing that the town was not misled. It warranted that inference, and, if the inference was drawn, the defect in the notice was cured.
Exceptions sustained.
This act amends § 19 of the Pub. Sts. c. 52, by adding : “ But no notice given under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place, or cause of the injury : provided, that it is shown that there was no intention to mislead, and that the party entitled to notice was not in fact misled thereby.”