City & County of Denver v. Taylor

I concur in the affirmance of the judgment. Though I do not dissent from the reason given in the principal opinion, it seems to me that there is a more satisfactory reason for affirmance.

Upon conflicting evidence, the jury found that during the entire period of sixty days immediately following the accident the plaintiff was in such physical or mental condition that she was unable to give notice, or cause notice to be given, within the time specified in the charter. She gave notice after the expiration of the sixty days. There are decisions denying recovery in such circumstances. See Baker v.…