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
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