King v. City of Parsons

The opinion of the court was delivered by

Porter, J.:

Plaintiff sued the city claiming that she had been injured by falling on a defective sidewalk. The court sustained a demurrer to her evidence and gave judgment in favor of the city. Plaintiff appeals.

A number of reasons are advanced by the defendant in support of the ruling upon the demurrer, but from our view only one of them warrants extended comment. *655The statute (Gen. Stat. 1909, § 870) requires that before such an action can be maintained a statement in writing shall be “filed with the city clerk” within four months after the injury,…