Williams v. Cox

Connecticut Superior Court

Williams v. Cox

10 Conn. Super. Ct. 282

CourtConnecticut Superior Court

DecidedFebruary 3, 1942

DocketFile No. 61924

StatusPublished

This text of 10 Conn. Super. Ct. 282 (Williams v. Cox) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Cox, 10 Conn. Super. Ct. 282 (Colo. Ct. App. 1942).

Pincite

Opinion

The court is of the opinion that notice is *Page 283 a prerequisite to suit even in a case where a highway hazard is a nuisance unless suit is brought within the time prescribed for notice.

The weak link in plaintiff's reasoning is that while it has been held that a town is liable for nuisance, it has not been held that the cause of action exists except by virtue of the statute relating to defective highways.

For the reasons set forth therein, the demurrer is sustained.

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The court is of the opinion that notice is *Page 283 a prerequisite to suit even in a case where a highway hazard is a nuisance unless suit is brought within the time prescribed for notice.

The weak link in plaintiff's reasoning is that while it has been held that a town is liable for nuisance, it has not been held that the cause of action exists except by virtue of the statute relating to defective highways.

For the reasons set forth therein, the demurrer is sustained.

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Bluebook (online)

10 Conn. Super. Ct. 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-cox-connsuperct-1942.