Breen v. Town of Cornwall
Supreme Court of Connecticut
Action to recover damages for personal injuries claimed to have been caused by a defective highway, brought to the Superior Court in Litchfield County and heard on demurrer to the complaint for the alleged insufficiency of the notice; the court, Robinson, J., sustained the demurrer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court.
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Action to recover damages for personal injuries claimed to have been caused by a defective highway, brought to the Superior Court in Litchfield County and heard on demurrer to the complaint for the alleged insufficiency of the notice; the court, Robinson, J., sustained the demurrer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court. Paragraphs 1, 4 and 5 of the complaint are as follows: “ 1. On June 23d, 1897, and for a long time prior thereto, there was a dangerous defect in the public highway or road in said town of Cornwall,…
1Opinion of the CourtHall, J.
Two questions are presented by this appeal: first, whether the notice contains a sufficient description of the cause of the injury sustained by the plaintiff; and second, if it does, whether it describes the same cause of injury as that alleged in the complaint.
The Act of 1895 (Chap. 172), amending § 2673 of the General Statutes, requires, as a condition to the maintenance of such an action, that the plaintiff shall give to the defendant a “ written notice of such injury and a general description of the same, and the cause thereof, and of the time and place of its occurrence.”
“ The…
2Cases cited4 opinions
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Dean v. Town of SharonSupreme Court of Connecticut · 1900
- Lilly v. Town of WoodstockSupreme Court of Connecticut · 1890
3Cited by8 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Sizer v. City of WaterburySupreme Court of Connecticut · 1931
- Cassidy v. Town of SouthburySupreme Court of Connecticut · 1912
- Forbes v. Town of SuffieldSupreme Court of Connecticut · 1908
- Delaney v. Waterbury & Milldale Tramway Co.Supreme Court of Connecticut · 1916
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