Russell v. Mayor of Wilmington

Rodney, J.,

delivering the opinion of the Court:

This case, for the first time in this state, calls for a construction of the act providing for a notice to municipal authorities of an accident or injury within a specified time from the happening of such injury.

At common law no such notice was necessary, but such statutes are quite common in other jurisdictions and are almost universally upheld.

The first contention of the plaintiff presents the question as to whether the giving of the notice is a condition precedent to the commencement or the maintenance of the action, or whether the failure to…