Opinion
Demurrer, No. 105.
October 3, 1896
CLAIMS AGAINST TOWNS, HOW PROSECUTED; Whalen v. Bates, AFFIRMED.
Hugh J. Carroll, for plaintiff.
Thomas P. Barnefield, for defendant.
OPINIONS given by the judges of the Supreme Court to the Governor pursuant to Article 10, section 3, of the Constitution of Rhode Island.
RESCRIPT.
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.