Olcott v. City of St. Paul

This action is to recover damages which plaintiff claims by reason of a fall and injury through slipping into a hole of an alleged defective sidewalk in the'city of St. Paul. At the- close of plaintiff’s evidence the court dismissed the action upon the ground that the notice required to be given the common council before suit is commenced was not in compliance with law. There was a motion for a new trial, which was overruled. This appeal is from that order.

It appears from the record that there was a former trial of the cause, wherein the complaint was held to be insufficient, and plaintiff…