Lorusso v. Hill

The plaintiff’s complaint seeks damages for the death of the plaintiff’s decedent, claimed to have been caused by a defective state highway which the defendant, as highway commissioner, was under a duty to keep in repair.

The complaint purports to state a cause of action under General Statutes, §2201, relating to state highways. In paragraph 8 the complaint alleges, in effect, that no statutory notice is being given because the action itself is being brought within the period (here sixty days) within which sudh notice is required.

The defendant demurs to the complaint for its failure to allege…