MacLeod v. Town of Milford

The first and second counts of plaintiff’s complaint seek recovery against an employee of the town of Milford and the town itself, respectively, under § 7-465 of the General Statutes, as amended, providing a statutory right of recovery, under certain express conditions, against a municipality for damage arising out of the negligent actions of its employees while in the performance of their duties.

The first ground of the demurrer, addresssed to both first and second counts, is based upon plaintiff’s failure, in each count, to allege that her decedent was in the exercise of due care at the time…