Krebs v. Town of Manson

— Plaintiff has appealed from a ruling of the trial court in which the special appearances of defendants were sustained on the ground that the original notice was fatally defective.

I. On November 4, 1961, plaintiff fell on the walk in the Town of Manson and was injured. Timely statutory written notice was given to the city. On October 17, 1963', a petition was filed in two counts. Count I claimed damages from the city. Count II claimed damages from the company.

On the same date original notice was properly served upon each defendant which read in part:

“To The Above-NaMEd DEFENDANTS: You AND…