Massachusetts General Laws

Mass. Gen. Laws ch. 84, § 19 (2026)

Service of notice

✓ current as of July 2026

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Section 19. Such notice shall be in writing, signed by the person injured or by some one in his behalf, and may be given, in the case of a county, to one of the county commissioners or the county treasurer; in the case of a city, to the mayor, the city clerk or treasurer; in the case of a town, to one of the selectmen or to the town clerk or treasurer. If the person injured dies within the time required for giving the notice, his executor or administrator may give such notice within thirty days after his appointment. If by reason of physical or mental incapacity it is impossible for the person injured to give the notice within the time required, he may give it within thirty days after such incapacity has been removed, and if he dies within said thirty days his executor or administrator may give the notice within thirty days after his appointment. Any form of written communication signed by the person so injured, or by some person in his behalf, or by his executor or administrator, or by some person in behalf of such executor or administrator, which contains the information that the person was so injured, giving the name and place of residence of the person injured and the time, place and cause of the injury or damage, shall be considered a sufficient notice.

Notes of Decisions

Cited in 18 cases, 1927–2008 · leading case: Perry v. Medeiros, 343 N.E.2d 859 (Mass. 1976).

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Perry v. Medeiros, 343 N.E.2d 859 (Mass. 1976). · cites it 2× “51, § 21, which included substantially the same language now found in G. L. c. 84, § 19, we said: “The physical or mental incapacity which enlarges the period of limitation within which notice as a condition precedent to a right to maintain an action must be given [in an action…”

Gallant v. Worcester, 421 N.E.2d 1196 (Mass. 1981). “" See also G.L.c. 84, § 19, which allows the thirty days' notice to be given from the date of an administrator's appointment.”

Estabrook v. City of Somerville, 1996 Mass. App. Div. 38 (Mass. Dist. Ct., App. Div. 1996). · cites it 3× “123, 123-124 (1954), G.L.c. 84, §19 designates specific public officers, whose official duties encompass appropriate action in response to claims, as the proper recipients for an injured party’s statutory notice.”

Fearon v. Commonwealth, 474 N.E.2d 162 (Mass. 1985). “84, § 18, was given within thirty days after his appointment as executor, as required by G. L. c. 84, § 19. So ordered. 2 The affidavit indicated that on two occasions a representative of the Attorney General’s office had told plaintiff’s counsel that an investigation would be…”

O'Connell v. City of Cambridge, 154 N.E. 760 (Mass. 1927). “51, § 21; G. L. c. 84, § 19, and, whether service on the mayor, the city clerk, or the treasurer is the exclusive mode, although referred to, was left undecided in Wormwood v.”

DeSisto's Case, 220 N.E.2d 923 (Mass. 1966). “Under G. L. c. 84, § 19, it was at liberty to give the notice on behalf of DeSisto if it so desired.”

Merrill v. City of Springfield, 187 N.E. 551 (Mass. 1933). “The place where the accident occurred was on the crosswalk leading from Belmont Avenue on the easterly side across Locust Street, at a point about twelve to fifteen ft. south of the end of the sidewalk.”

Botello v. Massachusetts Port Auth., 716 N.E.2d 664 (Mass. App. Ct. 1999). “does no more than substitute for the county or municipal officers that G. L. c. 84, § 19, designates as persons to be notified in the county and municipality context.”

Gallant v. City of Worcester, 421 N.E.2d 1196 (Mass. 1981). “” See also G. L. c. 84, § 19, which allows the thirty days’ notice to be *709 given from the date of an administrator’s appointment.”

Jomides v. Massachusetts Bay Transp. Auth., 488 N.E.2d 800 (Mass. App. Ct. 1986). “[4] That section expressly incorporated the provisions of G.L.c. 84, § 19, which states that the requirement of notice is tolled if, because of physical or mental incapacity, it is impossible for the injured person to give timely notice.”

Miller v. City of Boston, 522 N.E.2d 8 (Mass. App. Ct. 1988). “See G. L. c. 84, § 19. The city’s offices are closed on Saturday.”

Graul v. Boston Elevated Ry. Co., 159 N.E. 606 (Mass. 1928). “If it were true that this section of the statute is applicable to thé plaintiff’s case, still the testimony as to her mental and physical condition would make the question whether she was entitled to the extended period for the service of notice for which provision is made in G.…”

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