219 Mass. 418 | Mass. | 1914
The alleged defect was in the sidewalk of Massa-
chusetts Avenue in Cambridge, near a city water shut-off. There was testimony that two bricks were broken in halves, making a V shaped depression- two or three inches deep and six or eight inches long. It did not appear how this condition was caused, or how long before the accident it had existed. The trial judge
The action is brought under R. L. c. 51, § 18; and the burden rests upon the plaintiff to establish, as a condition precedent to her right of recovery, that the defect which caused her injury was one of which the city had knowledge, or by the exercise of reasonable care and diligence might have had knowledge, in time to have remedied it or to have prevented the injury. Smith v. Hyde Park, ante, 168, and cases cited.
There is no evidence that the defendant had actual notice of
It should be added that there is no basis in the record for the argument that the defective condition was probably brought about by employees of the city. See Brooks v. Somerville, 106 Mass. 271.
Exceptions overruled.
On the first day of December, 1914, the Honorable John Wilkes Hammond resigned the office of a Justice of this court, which he had held since the seventh day of September, 1898.
Raymond, J.
The part of the record referred to was as follows: “She testified that the hole or depression was worn down to a V shape, between two and three inches deep and between six and eight inches long; that it was about in the middle of a brick sidewalk; that there was a large number of people around there, and that the bricks were all broken out around the place which was located near and about the city water shut-off.”