Norton v. Mayor of New York

The plaintiff on March 12, 1895, sustained personal injuries by reason of the negligence of the defendant in respect to the highway known as Eighth avenue. The defendant moved to dismiss the complaint upon the ground that notice of intention to commence the action had not been filed with the counsel to the corporation within six months after the cause of action accrued, as required by chapter 572 of the Laws of 1886. The notice was given, but not until about ten months after the happening of the accident, and the fact is so alleged in the complaint. The fact of the filing of the notice within…