The plaintiff’s claim for damages in this suit was presented to the board of aldermen of Pawtucket, and not to the city council as required by Pub. Stat. R. I. cap. 34, § 12. In Whalen v. Bates, Index RR. 105, we held that such a presentation of a claim was not a compliance with the statute. That case is decisive of the present.

Demurrer sustained, and case remitted to the Common Pleas Division with direction to enter judgment for the defendant for costs.