SIMONEAU v. ENFIELD

No. 6410.

112 N.H. 242 (1972)

RAYMOND SIMONEAU v. TOWN OF ENFIELD.

Supreme Court of New Hampshire.

June 30, 1972.


Attorney(s) appearing for the Case

Baker & Page and William A. Baker (Mr. Baker orally) for the plaintiff.

Stebbins & Bradley and Michael L. Slive (Mr. Slive orally) for the defendant.


KENISON, C.J.

The issue in this case is whether a tort action for injury on a town bridge (RSA 247:17) can be maintained where the plaintiff failed to file his claim within 10 days as required by RSA 247:25 and then failed to comply with a 60-day extension of time granted by the court (RSA 247:26, 27) in view of the provisions of RSA 247:28. This later statute in pertinent part reads as follows: "RSA 247:28 Limitation of Action. No action against a town for such damages...

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