Massachusetts Supreme Judicial Court April 4, 1911 (O'Donoughue v. Moors)

Sheldon, J.

There was neither averment nor proof that the plaintiff had given notice to the defendant of the time, place and cause of her injury. St. 1908, c. 305. This is fatal to the maintenance of her action. Baird v. Baptist Society, ante, 29. But as we doubt whether this point was brought to thé attention of the judge at the trial, or was intended to be covered by the defendant’s .