Cassidy v. Town of Southbury
Supreme Court of Connecticut
Action to recover damages for injuries to the horse and wagon of the plaintiffs through the alleged neg- ligence of the defendant in not maintaining a guardrail or barrier upon the side of the highway at the place of the accident, brought to the District Court of Waterbury where a demurrer to the complaint was sustained {Meigs, Deputy-Judge) and judgment rendered for the defendant, from which the plaintiffs appealed.
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Action to recover damages for injuries to the horse and wagon of the plaintiffs through the alleged neg- ligence of the defendant in not maintaining a guardrail or barrier upon the side of the highway at the place of the accident, brought to the District Court of Waterbury where a demurrer to the complaint was sustained {Meigs, Deputy-Judge) and judgment rendered for the defendant, from which the plaintiffs appealed. The complaint alleges that the plaintiffs’ horse and wagon, while traveling upon a highway in the defendant town, were injured through the negligent conduct of the defendant in…
1Opinion of the CourtPrentice, J.
The complaint in this case was successfully demurred to upon the ground that it appeared that no sufficient notice descriptive of the injury complained of had been given to the defendant, as required by § 2020 of the General Statutes. The plaintiffs contend that the action of the court in sustaining this demurrer was erroneous for two reasons, to wit: First, that, as the complaint stated a cause of action under § 2019 of the General Statutes, a notice, as provided in § 2020, was not a necessary condition precedent to its maintenance; and second, that the notice given, as set out in the…
2Cases cited10 opinions
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
- Cassidy v. Town of SouthburySupreme Court of Connecticut · 1912
- Lilly v. Town of WoodstockSupreme Court of Connecticut · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Fraser v. HenningerSupreme Court of Connecticut · 1977
- Morico v. CoxSupreme Court of Connecticut · 1947
- Marino v. Town of East HavenSupreme Court of Connecticut · 1935
- Nicholaus v. City of BridgeportSupreme Court of Connecticut · 1933
- Lussier v. Department of TransportationSupreme Court of Connecticut · 1994
21 more not listed; retrieve them via the Exa API.