Burdick v. Richmond
Supreme Court of Rhode Island
Trespass on the Case. On demurrer to the plea. This action was brought to recover damages for an injury alleged to have been caused by a defect in a highway. The defendant’s third plea was actio non, because the only notice of claim served on the town council, under Pub.
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Trespass on the Case. On demurrer to the plea. This action was brought to recover damages for an injury alleged to have been caused by a defect in a highway. The defendant’s third plea was actio non, because the only notice of claim served on the town council, under Pub. Stat. R. I. cap. 34, § 12, was as follows: the plea then recited the notice, which described the accident and the plaintiff’s injuries in detail, and closed with “ he hereby claims and demands of said town of Hopkinton damages as some compensation for the injuries received and the suffering and pain endured by him, and his…
1Opinion of the CourtMatteson, J.
The question presented by the defendant’s third plea, and the demurrer thereto, is, the sufficiency of the written notice of the plaintiff’s claim set forth in the plea as having been presented to the town council.
Pub. Stat. R. I. cap. 34, § 12, is as follows: “Every person who shall have any money due him from any town, or any claim or demand against any town for any matter, cause, or thing whatsoever, shall take the following method to obtain the same, to wit: Such person shall present to the town council of the town, and to the city council of the city, a particular account of his claim,…
2Cited by10 opinions
- Mesolella v. City of ProvidenceSupreme Court of Rhode Island · 1986
- Johnson v. City of Bay CityMichigan Supreme Court · 1910
- Maryon v. City of AtlantaSupreme Court of Georgia · 1919
- Connor v. Salt Lake CityUtah Supreme Court · 1904
- Steed v. City of Long BeachCalifornia Court of Appeal · 1957
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