Donnelly v. Ives

The plaintiff brought this action in two counts. The trial court sustained the defendant’s demurrer to the second count alleging a common-law nuisance, and on appeal to this court we affirmed the judgment for the defendant on that count. Murphy v. Ives, 151 Conn. 259, 196 A.2d 596. The parties thereafter proceeded to trial before a jury on the first count of the complaint, which alleged a cause of action under the so-called defective highway statute. General Statutes § 13-87 (now § 13a-144). At the conclusion of the evidence on the trial as to the first count, the jury, at the direction of…