Polhill v. Postal Telegraph-Cable Co.

The first headnote alone needs elaboration. It is *602contended by the learned counsel for the plaintiff that as there was no allegation in the plaintiff’s petition that written notice of the claim was given within sixty days, and that as neither of the defendant companies pleaded failure to give such notice within the required time, the question whether the plaintiff gave such notice to the defendants within sixty days is not in issue in this case; and the said counsel further declare that “in all cases where a nonsuit has been granted in this State, on the ground of failure to give notice (e.…