Horst v. City of Denver

These parties appear here in the same order as in the trial conrt and are hereinafter refered to as plaintiff and the city respectively.

The city’s general demurrer to plaintiff’s amended complaint was sustained, she elected to stand, and to review the judgment of dismissal thereupon entered against her she prosecutes this writ. The principal question before us is, Should prior notice of the claim have been served and pleaded?

Prom the complaint it appears that the city maintains a baseball park within its corporate limits, across the street from which plaintiff resided. One afternoon, while a…