Gilmore v. Commissioners of Rehoboth

Harrington, J.,

delivering the opinion of the court:

Beatrice Somers Gilmore, the plaintiff, has brought suit against the Town of Rehoboth, by its corporate name, in an action on the case, for the recovery of personal injuries, which she alleges were caused by the negligent failure of that town to keep a certain sidewalk, within its limits, in proper repair, though it knew its defective condition. ■

The case is before this court on a demurrer to the plaintiff’s declaration, and it must, therefore, be assumed that the sidewalk in question was out of repair; that the defendant knew it, and the…