Fugere v. Cook
Fugere v. Cook
Opinion of the Court
The provisions of Gen. Laws cap. 36, §§15 and 16, have no application in a case of this kind. This is not a case brought to recover compensation for bodily injury or damage to property by reason of defect, want of repair, or insufficient railing, in or upon a public highway, causeway, or bridge, but is an action, brought by an owner of land, buildings, and place of business abutting upon a public highway, for damages to his business by reaspn of the negligent delay of the city of Woonsocket in constructing a sewer in said highway. *135 There is no necessity in such a case for notice to the city under the ternas of said section 16; a compliance with Gen. Laws cap. 36, § 12, is sufficient.
The second count of the declaration sufficiently avers that the blasting therein referred to was conducted by or in behalf of the city of Woonsocket. 10 Am. & Eng. Ency. L. 2d ed. 252, and cases cited.
The demurrer must, therefore, be overruled.
Reference
- Full Case Name
- Joseph L. Fugere v. Samuel P. Cook, City Treasurer.
- Cited By
- 2 cases
- Status
- Published