"Every person sustaining damage . . . shall . . . file . . . a written statement under oath." G. L., c. 75, s. 7; Laws 1885, c. 65. The statement may be made and filed by an agent. Marsh's authority was a question of fact determinable at the trial term.
Exception overruled.
CARPENTER, J., did not sit: the others concurred. *Page 477