WILLIAMS v. COX

Notice is a prerequisite to suit against the Highway Commissioner to recover damages resulting from a defect in a highway, even in a case where a highway hazard is a nuisance, unless suit is brought within the time prescribed for notice.

WYNNE, J.

The court is of the opinion that notice is a prerequisite to suit even in a case where a highway hazard is a nuisance unless suit is brought within the time prescribed for notice.

The weak link in plaintiff's reasoning is that while it has been held that a town is liable for nuisance, it has not been held that the cause of action exists except by virtue of the statute relating to defective highways.