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 *Page 702 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, 681.

Demurrer overruled.

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