Citation Numbers: 40 Conn. 205
Judges: Carpenter, Park
Filed Date: 4/15/1873
Status: Precedential
Modified Date: 7/20/2022
I concur in the résult, but I am not prepared to assent to all tlie views expressed in the foregoing opinion. It is perfectly clear that the plaintiff is entitled to recover the damage sustained, either from the town or borough. The real contest, therefore, is between the town and the borough. It is equally clear that the negligence which 'caused the injury ivas in fact the negligence of the town and not of the borough, and consisted in leaving tlie road in an unsafe condition over night, while being repaired, and not in neglecting to repair.
The- obligatió'n to maintain the highways generally is imposed upon the defendants, by general statute, which, primá 'facie, establishes their liability in this action. It is said, however, that a clause in the amendment to the borough charter,.p'assed in 1858, transfers the duty of maintaining the highway in question from the town to the borough. I think that clause Will admit of, and perhaps requires, that construction;'but it is a private act, affecting only the town and the
Seymour, O. J., and Foster,- J., concurred in advising judgment for the plaintiff.