DWYER v. BOSTON

Way, Notice of defect. The existence of an unguarded hole four feet deep and large enough for a man to fall into between the tracks of a street railway on a public street is not evidence of reasonable notice to the city of the defect or that the city might have had notice thereof by the exercise of proper care and diligence.

BY THE COURT.

There is no evidence that the city had notice of the hole or ought to have had notice of it. It does not appear how long the hole had been there.

Exceptions overruled.