Hillyer v. Borough of Winsted
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting from a fall upon an alleged defective sidewalk, brought to the Superior Court in Litchfield County, where a demurrer to the complaint was in the main overruled (Ralph Wheeler, A) and one to a portion of the answer was sustained (Rorabaclc, J.'), and the cause was afterwards tried to the jury before Rorabaek, J.; verdict and judgment for the plaintiff for $5,000, and appeal by the defendant.
1Opinion of the CourtBaldwin, J.
Section 45 of the defendant’s charter (12 Special Laws, p. 769) provides that “all claims against'the borough shall be presented to, and passed upon, by, the warden and burgesses of said borough,- and 'the warden shall not draw any order for any claim, except judgments, unless approved of by said board.”
The complaint was not demurrable because it.did.not al lege that the plaintiff’s claim for damages was so presented. The object of the section evidently was to prevent the warden from drawing orders to pay claims which had not been brought before the burgesses. Presentment to him and them was…
2Cases cited4 opinions
- President, Directors & Co. of the Mechanics Bank v. WoodwardSupreme Court of Connecticut · 1902
- Lavigne v. City of New HavenSupreme Court of Connecticut · 1903
- Manchester v. City of HartfordSupreme Court of Connecticut · 1861
- Mead v. Town of DerbySupreme Court of Connecticut · 1873
3Cited by16 opinions
- Beaudoin v. Town Oil Co.Supreme Court of Connecticut · 1988
- State v. MarianoSupreme Court of Connecticut · 1964
- Royce v. Town of WestportSupreme Court of Connecticut · 1981
- Friedlander v. FriedlanderSupreme Court of Connecticut · 1983
- Pierce v. CITY COUNCIL OF BALTIMORECourt of Appeals of Maryland · 1959
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