DocketNumber: File 119024
Citation Numbers: 195 A.2d 252, 25 Conn. Super. Ct. 1, 25 Conn. Supp. 1, 1963 Conn. Super. LEXIS 158
Judges: Dube
Filed Date: 10/9/1963
Status: Precedential
Modified Date: 11/3/2024
The defendant Stephen B. Kochiss, doing business as the Success Restaurant, demurs to the second count of the complaint on the ground that the plaintiff has failed to give timely written notice to the defendant of the occurrence alleged in said second count of the complaint.
Paragraph 11 sets forth that the plaintiff gave the required statutory written notice to the defendant "within 90 days of the occurrence of the injuries." Section
The plaintiff concedes that the notice was not given within sixty days, but rather within ninety days, but contends that the failure of said notice does not, in and of itself, deprive the plaintiff of his right to maintain said action. In other words, the plaintiff in essence contends that the notice is not a condition precedent to the bringing of the action but is a limitation creating a condition subsequent and therefore a defense predicated upon it need not be anticipated and negatived by the plaintiff and may properly be left to be pleaded by the defendant. Bulkley v. Norwich W. Ry. Co.,
The legislature has imposed a burden upon a seller of any alcoholic liquor which did not exist at common law. The right to maintain this type of action is granted by statute only, and that right, thus created, is limited by the express terms and conditions of the statute itself and cannot be extended by this court. See Crocker v. Hartford,
Demurrer sustained as to the second count.
Hendsey v. Southern New England Telephone Co. , 128 Conn. 132 ( 1941 )
Forbes v. Town of Suffield , 81 Conn. 274 ( 1908 )
Bulkley v. Norwich & Westerly Railway Co. , 81 Conn. 284 ( 1908 )
Ryan v. Curtis, No. Cv92 0513761 (Sep. 23, 1993) , 8 Conn. Super. Ct. 1126 ( 1993 )
Lee v. the Splash Pacific Rim Grille, No. Cv97-0399683s (... , 1997 Conn. Super. Ct. 11238 ( 1997 )
Estate of York v. Patti, No. 552518 (Jun. 15, 2000) , 2000 Conn. Super. Ct. 7265 ( 2000 )