Leonard v. City of Holyoke

Morton, C. J.

The case of Lyman v. Hampshire, ante, 74, is decisive of the case at bar. The statute requires that, the notice in writing which a plaintiff must give, as the condition of his right to maintain an action, may be given “in the case of a city, to the mayor, the city clerk, or the treasurer.” Pub. Sts. c. 52, § 21.

The notice in this case was addressed “ to Michael J. Griffin, city clerk of the city of Holyoke,” and it expressly states that the plaintiff claims “ damages from said city of Holyoke.”

It is fuller and plainer than the notice in Lyman v. Hampshire ; and, for the reasons stated in that case, we are of opinion that it was a sufficient notice to the city.

JExeeptions sustained.