176 Mass. 418 | Mass. | 1900
This case comes here upon the defendant’s exceptions to the refusal of the court to give two rulings that were asked for. The first was that upon the evidence proper written notice of the accident was not given within the time limited by the certificate and that the defendant had not waived such notice, and the plaintiff could not, therefore, recover. The court refused to give this ruling, and ruled that proper written notice had not been given, but that there was evidence for the jury on the question whether the defendant had waived the requirement as to notice, • — ■ meaning, of course, the requirement as to the time within "which notice should be given. We think that this was correct. The accident occurred on March 31,1898. There was evidence tending to show that a brief notice of the accident, dated March 31, was sent by the plaintiff’s husband to the defendant company, but was not received till April 11. There was
Exceptions overruled.