Simoneau v. Town of Enfield

The issue in this case is whether a tort action for injury on a town bridge (RSA 247:17) can be maintained where the plaintiff failed to file his claim within 10 days as required by RSA 247:25 and then failed to comply with a 60-day extension of time granted by the court (RSA 247:26, 27) in view of the provisions of RSA 247:28. This later statute in pertinent part reads as follows: “RSA 247:28 Limitation of Action. No action against a town for such damages shall be sustained unless a statement is filed as required by sections 25 or 27 hereof.... ”

The plaintiffs claim arises out of an accident…