
    [Cheshire,
    June, 1883.]
    Jewett, Adm’r, v. Keene.
    Case for injuries from an obstructed highway, resulting in the death of the plaintiff’s intestate, under c. 35, Laws of 1879. No> statement of the time and place of the injury and of the amount, of damages claimed was filed with the city clerk, according to GL L., c. 75, ss. 7, 8, 9. The defendants demurred.
   Allen, J.

The sworn statement of the time, place, and character of the injury, and of the amount of damages claimed, required by G. L., c. 75, ss. 7, 8, and 9, before suit is brought for injuries upon a highway, is not a necessary prerequisite to bringing and maintaining an action for an injury resulting in death, under c. 35, Laws of 1879. Clark v. Manchester, ante, 577, 581.

Dane f Dole, for the plaintiff.

Hersey f Abbott and Batchelder Baullener, for the defendants.

Demurrer overruled.

Clark, J., did not sit: the others concurred.  