Jordan v. Peckham
Supreme Court of Rhode Island
• Trespass on the case for injuries sustained by reason of a defect in the highway. This case was pending in the Supreme Court on exceptions to the Court of Common Pleas when the Judiciary Act went into operation.
1Per curiam
The only question raised by the plaintiff’s bill of exceptions in this case is whether notice to a member of the town council of the defendant town, of the defect in the highway where the accident happened was actual and express notice to the town of the condition of such highway. We do not think it was. A member of a town council simply as such, is not charged by the statute with any duty nor has he any authority regarding the highways of the town. It is true that the town council, acting as a body in their official capacity, has much to do in connection with the construction and oversight…
2Cases cited7 opinions
- City of Logansport v. JusticeIndiana Supreme Court · 1881
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Parish v. Town of EdenWisconsin Supreme Court · 1885
- Fuller v. Mayor of JacksonMichigan Supreme Court · 1890
- Rogers v. Inhabitants of ShirleySupreme Judicial Court of Maine · 1882
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