Sykes v. City of Battle Creek

Plaintiff claims that on July 11, 1936, while stepping from a curb at the intersection of a street in Battle Creek, she caught the heel of her right shoe in an iron sewer grating and was thrown to her knees and onto her left side, fracturing her hip. As a result she is permanently crippled and disabled. Defendant in denying the allegations asserts not only lack of due care and caution on the part of plaintiff but that she did not file notice of claim of accident as required by chapter 39 of the charter of the city of Battle Creek. This provides for a notice in writing within 60 days from the…