The Republican journal., 1909-03-04
LIABILITY OF CITIES AND TOWNS
Two Decisions from the Law Court.
WASHINGTON COUNTY.

Melvina Huntington VS.. City of Calais.
Rescript, Whitehouse,J: The liability
of cities and towns for damages sustain
ed by travellers by reason Of defects in
highways is created solely by the legisla-
ture and all of the conditions and limita-
tons upon which the remedy is granted
must be strictly observed as prescribed
by the statute. The duty imposed upon
the person injured to notify one of the
municipal officers" within fourteen days
thereafter is absolute and imperative.
The statute is not merely directory; it is
mandary. The notice in question thus
becomes a condition precedent to the
plaintiff right of action.
1t must, therefore, affirmatively appear
that the plaintiff or some one in her be-
half notified one of the municipal off
GERS OF her injury within fourteen days
thereafter in the manner specified in the
statute. The mayor and aldermen consti-
tute the municipal officer" of cities, R.
S. Chapter l, Section 6, Par 25,. and by
the charter of the defendant city (Chap.
325, P. & S. Laws 1888, sec. II, the city
clerk is ma le clerk of the board of mayor
and aldermen. But the city clerk does
not thereby become one of the municipal
officers: and there is no evidence in the
case that any one of the municipal Off
GERS was ever notified of the plaintiff S
injury. To notify one Of a fact is to
make it known to him"-to Inform
him by notice. 1t only appears that
such a notice was given to the city
clerk: 1t does not appear that it was
ever in any manner brought to the atten-
Of them. 1t is true that the city clerk is
hn o,1cf IF oil
ing the consideration Of the mayor and
aldermen at their regular meetings, but
inasmuch as the notice in question must
be delivered to one of the municipal Off
GERS within fourteen days, and that por-
ton Of the time remaining after the re-
ceipt of the notice by the city clerk
would probably expire in a majority of
instances before the next regular meet
ing OF the mayor and aldermen, there is
no presumption either of law or fact that
such a notice would be brought to the at
tention of the municipal officers or any
one of them within the time stated. The
statute requires that the information
therein specified should be actually COM
municated to one of the municipal officers
within the period named Evidence that
the information was given to the city clerk
obviously falls short of this requirement.
Exceptions sustained
KNOX COUNTY.
Julia E. Abbott VS. City of Rockland
Rescript, Cornish, ]. In an action
| against city to recover damages for in
jury received by reason of a defective
sidewalk:
Held. l. That proof Of twenty four
hours actual notice on the part of the
municipal officers or road commissioner,
of the precise defect that caused the in
jury, is a condition precedent to recovery
under R. S. Oh. %, Sec. rs.
2. That such actual notice may be
proved by circumstantial as we'll as d.
rect testimony and may be established
by all grades of competent evidence.
8. That proof Of notice Of the defect
to the police officer, coupled with evil
dence that such complaints were ordi-
narily made to the police department
and that the police officers were in the
habit of reporting them to the street
commissioner, is not sufficient evidence
to meet the statute requirement.
4. The legal presumption that officers
perform their official duty does not aid
the plaintiff in this case as the receiving
and reporting of such notices was no part
of the official duty of the police.
Exceptions overruled
Nonsuit to stand.