Legal Opinion

Town of Waterford v. Elson

Court of Appeals for the Second Circuit

Decided November 15, 1906No. 26PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the District, of Connecticut» - ..... ••'Writ of error, from the United-States Circuit Court for the District ofConnecticut, which sustained plaintiff’s demurrer to defendant’s, plea in abatement, overruled its demurrers and motions in arrest of judgment and for judgment notwithstanding -verdict, and rendered judgment .on .verdict in- favor 'of plaintiff. ..

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In Error to the Circuit Court of the United States for the District, of Connecticut» - ..... ••'Writ of error, from the United-States Circuit Court for the District ofConnecticut, which sustained plaintiff’s demurrer to defendant’s, plea in abatement, overruled its demurrers and motions in arrest of judgment and for judgment notwithstanding -verdict, and rendered judgment .on .verdict in- favor 'of plaintiff. .. The opinions-of-the court-below are reported in 138-Fed. 1004. See 140 Fed. 800.

1Opinion of the Court

TOWNSEND, Circuit Judge.

’The plaintiff, as administrator, brought this action to recover damages for death of his intestate'caüsecí by injuries alleged to have resulted 'through a defective highway, under section 2020 of. the .General. .Statutes, of. Connecticut 1902. Said section provides as'follows:

“Any] p'ei sop'.Injured .in person or property .by means of a“ defective road or bridge may recover damages from the party bound to keep it in repair; but no action for any such injury shall be:' maintained against any town, city, corporation, or borough, unless written notice of such injury and…

2Cases cited20 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
  3. Bartram v. Town of SharonSupreme Court of Connecticut · 1899
  4. Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
  5. Plumb v. GriffinSupreme Court of Connecticut · 1901

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3Cited by4 opinions

  1. Porpora v. City of New HavenSupreme Court of Connecticut · 1936
  2. Lillian Zucker, Adm'x, Estate of Marvin Jerome Zucker v. Hugo Vogt, D/B/A Hugo's RestaurantCourt of Appeals for the Second Circuit · 1964
  3. City of Maryville v. McConkeyCourt of Appeals of Tennessee · 1935
  4. United States v. WittemannCourt of Appeals for the Second Circuit · 1907

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