Opinion
Decided December, 1882.
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. Verdict 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.
Copeland Edgerly, for the plaintiff.
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.