City of Boston v. Brooks

This is an action brought to recover the amount of a judgment recovered against the city of Boston on account of a defect in a street, alleged to have been caused by the defendant. The original action was brought against the present defendant and the city of Boston, jointly, and both appeared to defend the suit. On demurrer by the city it was held that the plaintiff could not maintain her action against the two defendants jointly, and thereupon she elected to proceed against *287the city alone, and discontinued the action against this defendant. This defendant then withdrew from the case and took…