DeCapua v. City of New Haven

Section 3675 of the General Statutes, 1930, is a survival in part of the statute of 1849 mentioned in Middletown v. New York, N. H. & H. R. Co., 62 Conn. 492, 494, 27 Atl. 119. It first appears in a form resembling the present statute as § 7 of Chapter 220 of the Public Acts of 1889. This provided that the railroad company should maintain and keep in repair the structure but made it the duty of the municipality to repair the surface of the highway, including the planking or other surface material upon the structure. By Chapter 244 of the Public Acts of 1893 this was changed so as to require…