FREE BOOKS

Author's List




PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   >>  
tion of thin but slippery ice over the whole surface of the ground is frequently only the work of a few hours; and to require towns and cities to remove this immediately or at all is supposing that the legislature intended to cast upon them a duty impossible to perform, and a burden beyond their ability to carry.[116] [115] 105 Mass. 473. [116] 12 Allen, 566; 102 Mass. 329; 104 Mass. 78. If you meet with an accident on the highway by reason of a defect therein, don't fail to give notice in writing within thirty days, to the county, town, place, or persons by law obliged to keep said highway in repair, stating the time, place, and cause of the injury or damage.[117] This notice is a condition precedent to the right to maintain an action for such injury or damage, and cannot be waived by the city or town.[118] Nothing will excuse such notice except the physical or mental incapacity of the person injured, in which case he may give the notice within ten days after such incapacity is removed, and in case of his death it may be given by his executors or administrators.[119] Formerly it was essential that the time, place, and cause of the injury should be set forth in the notice with considerable particularity, but now the notice is not invalid by reason of any inaccuracy in stating the time, place, and cause, if the error is not intentional and the party entitled to notice is not misled.[120] [117] Pub. St. c. 52, Secs. 19-21. [118] 128 Mass. 387. [119] Pub. St. c. 52, Sec. 21. [120] St. 1882, c. 36. Don't convey by warranty deed a piece of land over which there is a public or a private way, without conveying subject to such way; for if you do you may be called upon to make up the difference in value in the land with the incumbrance upon it and with it off, which is regarded as a just compensation for the injury resulting from such an incumbrance.[121] [121] 2 Mass. 97; 15 Pick. 66; 2 Allen, 428. Finally, don't keep a dog that is in the habit of running into the road and barking at passing teams. You had better get rid of him or break him of the habit. Under our statutes the owner or keeper of a dog is responsible to any person injured by him, either in person or property, double the amount of damage sustained; and after he has received notice of the bad disposition of his dog, he is liable to have the damage increased threefold. Every dog that has the habit
PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   >>  



Top keywords:
notice
 

injury

 

damage

 

person

 

reason

 

stating

 

incapacity

 
highway
 

incumbrance

 
injured

conveying

 

subject

 

difference

 

called

 

compensation

 
resulting
 

regarded

 
private
 

frequently

 

ground


public

 
convey
 

warranty

 

surface

 

property

 

double

 

amount

 
responsible
 

keeper

 

statutes


sustained
 

increased

 
threefold
 

liable

 

received

 

disposition

 

slippery

 

running

 

Finally

 

barking


passing

 

misled

 

condition

 
precedent
 
ability
 

repair

 
maintain
 

waived

 

impossible

 

perform