Gauthier v. City of Rockville

The plaintiff’s complaint, as amended, seeks damages for personal injuries sustained in a fall alleged to have been caused by a defect in a public sidewalk on September 26, 1952.

Paragraph 10 alleges the giving of a statutory notice, a copy of which is annexed to, and incorporated in, the complaint and marked exhibit A. Paragraph 11 alleges that the plaintiff had no intention of misleading the defendant in said written notice and that the defendant was not in fact misled thereby. The defendant demurs on the ground that the statutory notice, exhibit A, does not state the cause of the fall as…