Way, Defect in highway, Statutory notice. Pub. Sts. c. 52, § 19, provides that in order to recover for injuries caused by a defect in a highway the person so injured must give notice of the time, place and cause of the injury within thirty days. St. 1894, c. 389, § 1, provides that no defendant shall take advantage of an insufficiency of such a notice without giving the plaintiff within five days of its receipt a notification in writing that the notice is insufficient and requesting a further notice forthwith. "And if the person legally authorized to give such notice shall, within five days after the receipt of such notification and request for a further written notice, give a further written notice complying with the law as to the time, place and cause of the injury or damage; such notice shall be of the same legal effect as if it had been given at the time of the original notice, and shall be considered as a part thereof." A notice given to a city under Pub. Sts. c. 52, § 19, was defective in not naming the place of the accident. Within five days the city notified the plaintiff that his notice was insufficient and requested a further notice. More than five days after he received this notification but within thirty days from the time of the accident, the plaintiff served on the city a notice good in all respects if served in time. Held, that the notice was good, a sufficient notice given within thirty days being none the less so because the plaintiff had given an insufficient one before.
BY THE COURT.
A sufficient notice given within thirty days is none the worse that the plaintiff has given an insufficient one before.
Exceptions overruled.