Forbes v. Town of Suffield
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting from a defective highway, brought to the Superior Court in Hartford County where a demurrer to the complaint was sustained, Curtis, J., and judgment rendered for the defendant, from which the plaintiff appealed. The complaint contains no allegation upon the subject of written notice by the plaintiff to the defendant of the plaintiff's injuries.
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Action to recover damages for personal injuries resulting from a defective highway, brought to the Superior Court in Hartford County where a demurrer to the complaint was sustained, Curtis, J., and judgment rendered for the defendant, from which the plaintiff appealed. The complaint contains no allegation upon the subject of written notice by the plaintiff to the defendant of the plaintiff's injuries. The demurrer asserts the insufficiency of the complaint, for the reason that it does not appear therein that prior to the institution of the action such notice of said injuries and a general…
1Opinion of the CourtPrentice, J.
The right to maintain an action against a municipality for the recovery of damages for personal injuries resulting from defective highways, exists only by force of § 2020 of the General Statutes, which defines and limits the right and prescribes the conditions under which it may exist. One of these conditions is the giving to the municipality, within a prescribed time, of a written notice containing certain prescribed information. The giving of this notice is expressly made- a condition precedent to any right of action. Until it is given no such right exists. The statute recognizes no…
2Cases cited6 opinions
- Crocker v. City of HartfordSupreme Court of Connecticut · 1895
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Bulkley v. Norwich & Westerly Railway Co.Supreme Court of Connecticut · 1908
- Hoyle v. Town of PutnamSupreme Court of Connecticut · 1878
- Breen v. Town of CornwallSupreme Court of Connecticut · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Neuenschwander v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1946
- Pacelli Bros. Transportation, Inc. v. PacelliSupreme Court of Connecticut · 1983
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Nicholaus v. City of BridgeportSupreme Court of Connecticut · 1933
- New Britain Lumber Co. v. American Surety Co.Supreme Court of Connecticut · 1931
21 more not listed; retrieve them via the Exa API.