Howe v. City of Lowell , 101 Mass. 99 ( 1869 )

By the Court.

It is only necessary that the proper officers did actually know of the existence of the defect, or with proper vigilance and care might have known it. Donaldson v. Boston 16 Gray, 508. This has been the uniform construction of the statute throughout the Commonwealth, so far as the court are informed. Exceptions overruled,.