Mason v The Birkenhead Improvement Commissioners
| Jurisdiction | England & Wales |
| Judgment Date | 21 June 1860 |
| Date | 21 June 1860 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 30
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 29 L J. Ex 407; 2 L T 632.
[72] mason v. the birkenhead improvement commissioners June 21, 1860 -The 3 & 4 Wm 4, c Ixvin , for paving, lighting, &c, the town of Eirkenhead, by sect 201 enacts that no plaintiff shall recover in any action, &c., to be commenced against the Commissioners for anything done or to be done in pursuance or under the authority of the Act, unless notrce in writing shall have been given to the defendants. The Commissioners were sued for an injury occasioned by the negligence of some paviours, therr servants. Held, that they were entitled to notice of action, and that a notice detailing the facts, but not stating an intention to bring an action, was insufficient. [S. C 29 L. J Ex 407 , 2 L T. 6.32.] Declaration. That the defendants wrongfully, negligently, and unlawfully put and placed, and caused to be put and placed, large quantities of stones, &c, upon a certain public highway, and kept and continued the same thereon durrng the day and night without any light or other signal, by means whereof the plarntiff passing along the highway fell over the same, &c Plea. First Not guilty Secondly, that the supposed grievances were committed after the passing of an Act (3 & 4 Wm 4, c. Ixvni (a)) for paving, lighting, (a) Section 201 enacts, " That no plaintiff shall recover in any action or suit to be commenced against the Commissioners or any of them or any other person, for anything done or to be done in pursuance or under the authority of this Act, unless notice in writing, signed by the attorney for the plaintiff, and specrfyrng the cause of such action, shall have been given to the defendants thirty days before such actron shall be commenced; nor shall the plaintiff recover in any such action if tender of sufficient amends shall have been made to him or his attorney, by or on behalf of the defendant, before such action brought," &c. 8H&N73. MASON V. BIRKENBEAD IMPROVEMENT COMMISSIONERS 31 &e, the town of Birkenhead ; and that the matters complained of were done by the defendants as Commissioners under the said Act, and in pursuance and under the authority of the Act; and that no notice in writing, signed by the attorney for the plaintiff and specifying the cause of action, was given to the defendants, or either of them, thirty days before the commencement of the suit, pursuant to the said...
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