SHEA, J.
The plaintiff brought this action to recover damages for injuries which he sustained as a result of a fall on a public highway in the defendant city. The first count of his complaint is based on what is now General Statutes § 13-11, which provides for the recovery of damages by a person injured by means of a defective road. The second count is based on nuisance. The court rendered judgment for the defendant and the plaintiff has appealed.
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