Manas v. Hammond

Respondents’ cause of action is barred because of their failure to serve notice of injury as required by sec. 330.19 (5), Stats. The exactness of this rule is not affected by the failure to have an administrator of a deceased tort-feasor appointed within the two-year limit. The requirement of sec. 330.19 (5), as to the giving of notice, is a condition which must be complied with, and a failure in that respect leaves a plaintiff in a position where the courts cannot assist him by permitting the commencement of an action. In *287the case of Hoffmann v. Milwaukee E. R. & L. Co. 127 Wis. 76, 106 N.…