Tebeau v. Town of Hannibal

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: There was a nonsuit in this case on the ground that the proof of claim filed with the town did not sufficiently identify the place of the accident as required by section 67 of the Town Law and section 215 of the Highway Law. The notice of claim contained the following: “ that as such administrator he [the plaintiff] has a claim for damages for causing the death of said John Tebeau against the Town of Hannibal in the County of Oswego, New York, sustained by reason of a defect in…