MUNICIPAL CORPORATIONS - TORT LIABILITY - APPLICABILITY OF STATUTORY NOTICE REQUIREMENT TO INFANTS

Authors

Michigan Law Review, University of Michigan Law School

Abstract

A statute provided "No action shall be maintained by any person . . . against any city" unless the person injured filed notice of claim within three months after the injury. The plaintiff, an infant sixteen years of age, was injured when he fell into an unlighted, unguarded opening in a sidewalk at the city's memorial building, which the city had rented for the evening in question to a boy scout group of which plaintiff was a member. No statutory notice was filed. The court held the statute created a mandatory condition precedent, applying to infants as well as adults, failure to comply with which barred the plaintiff's claim. The court refused to restrict the operation of the statute to claims arising from the exercise of a governmental function, on the ground that exceptions to the general language of the statute must be made by the legislature. Thomas v. City of Coffeyville, (Kan. 1937) 66 P. (2d) 600.

Recommended Citation

Michigan Law Review, MUNICIPAL CORPORATIONS - TORT LIABILITY - APPLICABILITY OF STATUTORY NOTICE REQUIREMENT TO INFANTS, 36 Mich. L. Rev. 503 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/21