Barkley v. City of Bristol

Plaintiffs’ complaint as amended is in two counts. The first count is in negligence and is directed against the defendant Marcotte while acting as a park policeman in the employ of the city of Bristol. The second count is directed against the defendant city of Bristol and expressly invokes § 7-465 of the statutes as the basis of liability of the municipal defendant. A demurrer has been interposed to both counts on the ground that they do not allege that the injured minor plaintiff was in the exercise of due care. The question presented is whether the two counts of the complaint as amended are…