Barnes v. City of Hillsboro

OPINION

JAMES, Justice.

This is a summary judgment case. Appellants Barnes and wife brought this suit against the City of Hillsboro for personal injuries allegedly sustained by Mrs. Barnes arising out of a fall upon a public sidewalk on August 12, 1972. The trial court awarded a summary judgment that Plaintiffs take nothing, because' of failure of Plaintiffs to give the thirty-day notice required by city ordinance, from which judgment Plaintiffs appeal. We reverse and remand.

The pertinent portion of the city ordinance in question reads as follows:

“The City of Hillsboro shall not be held…