Gardner v. City of New London
Supreme Court of Connecticut
Action to recover for the loss of a horse caused by a defect in a highway of the defendant city; brought to the Superior Court in New London County. The defendant suffered a default and the case was heard in damages before Fenn, J. The only defense was the want of legal notice of the injury under the statute. Damages assessed at a nominal sum and appeal by the plaintiff.
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Action to recover for the loss of a horse caused by a defect in a highway of the defendant city; brought to the Superior Court in New London County. The defendant suffered a default and the case was heard in damages before Fenn, J. The only defense was the want of legal notice of the injury under the statute. Damages assessed at a nominal sum and appeal by the plaintiff. The case is fully stated in the opinion. contended that the notice given was sufficient under the statute, the whole object of which was to give the officers of the municipality information which would enable them to…
1Opinion of the CourtTokrance, J.
This is an action brought to recover damages for the loss of a horse by reason of a defective highway in the city of New London.
The accident happened on the second day of May, 1892, but the statutory notice thereof given to the defendant stated that it occurred on the fifth day of that month. The notice itself is not set out in the complaint, it being merely alleged therein that the injury occurred on a given day, and that due notice of the injury, of its nature, and of the time, place and cause of its occurrence, was given to the defendant within the proper time. The case was defaulted and…
2Cases cited11 opinions
- Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
- Lamphear v. BuckinghamSupreme Court of Connecticut · 1866
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
- Shaw v. City of WaterburySupreme Court of Connecticut · 1878
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3Cited by35 opinions
- Minnis v. FriendIllinois Supreme Court · 1935
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Nicholaus v. City of BridgeportSupreme Court of Connecticut · 1933
- Ouimette v. City of ChicagoIllinois Supreme Court · 1909
- Collins v. City of SpokaneWashington Supreme Court · 1911
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