Cassidy v. Town of Southbury
Supreme Court of Connecticut
Action to recover damages for injuries to the horse and wagon of the plaintiffs through the alleged negligence of the defendant to maintain a guard-rail or barrier upon the side of the highway at the place of the accident, brought to the District Court of Waterbury and tried to the jury before Peasley, J., who directed the jury to return a verdict for the defendant, from the judgment upon which the plaintiffs appealed.
1Opinion of the CourtWheeler, J.
The court directed a verdict for the defendant on the ground that the notice required to be given before an action for damages suffered through a defective road could be maintained (General Statutes, § 2020) was insufficient in its description of the injury.
The statute provides as a condition precedent to the institution of an action of this character, that written notice of the injury and a general description of the same shall be given. It was the duty of the plaintiffs, under the Practice Book (1908) p. 244, § 143, to either recite the notice in the complaint, or annex it thereto. The…
2Cases cited2 opinions
- Connecticut Hospital for the Insane v. Town of BrookfieldSupreme Court of Connecticut · 1897
- Sprague v. TaylorSupreme Court of Connecticut · 1890
3Cited by16 opinions
- Ferreira v. PringleSupreme Court of Connecticut · 2001
- Nicholaus v. City of BridgeportSupreme Court of Connecticut · 1933
- Cassidy v. Town of SouthburySupreme Court of Connecticut · 1912
- Christian v. City of WaterburySupreme Court of Connecticut · 1937
- Lesser v. SmithSupreme Court of Connecticut · 1932
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