Bailey v. Town of Stratford

The instant action, sounding in negligence, has been brought in the first count against an employee of the town of Stratford and in the second count against the town itself under the provisions of § 7-465 of the Greneral Statutes. By way of a demurrer, the town has attacked the sufficiency of the first and second counts of the complaint on the ground that the plaintiff has failed to allege that at the time of the occurrence he was in the exercise of due care.

This court cannot agree with the contention of the defendant town that a suit brought under § 7-465 is a statutory action which requires…