Tiggerman v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Action by Ella S. Tiggerman against the City of Butte. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. Section 3289, Revised Codes, provides that notice of an injury must be given to the city council, and does not provide that the notice may be left or filed with the city clerk, or any other city officer. It was insufficient. {City of Ft.
Read the full summary
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Action by Ella S. Tiggerman against the City of Butte. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. Section 3289, Revised Codes, provides that notice of an injury must be given to the city council, and does not provide that the notice may be left or filed with the city clerk, or any other city officer. It was insufficient. {City of Ft. Worth v. Shero, 16 Tex. Civ. App. 487, 41 S. W. 704; City of Denver v. Saulcey,.5 Colo. App. 420, 38 Pac. 1098; Huntington v. City of…
1Opinion of the CourtJustice Holloway
This is an action for damages for personal injuries. The plaintiff prevailed in the trial court, and the city appealed from the judgment and from an order denying it a new trial. Only two of the questions presented demand special consideration.
1. It appears that within sixty days after the injury was received the plaintiff filed with the city clerk a notice directed to the city council, stating the time when and the place where the injury occurred. Section 3289, Revised Codes, provides *142that the party “alleged to be injured, or someone in his behalf, shall give to the city or town council, or…
2Cases cited6 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Anderson v. Northern Pacific Ry. Co.Montana Supreme Court · 1906
- Doyle v. City of DuluthSupreme Court of Minnesota · 1898
- Sweeny v. Montana Central Railway Co.Montana Supreme Court · 1897
- Bacon v. City of AntigoWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Franco v. FujimotoHawaii Supreme Court · 1964
- Lesh v. Illinois Steel Co.Wisconsin Supreme Court · 1916
- Stokes v. LongMontana Supreme Court · 1916
- Freeman v. Chicago, M. & St. P. Ry. Co.Montana Supreme Court · 1916
- Titus v. City of MontesanoWashington Supreme Court · 1919
6 more not listed; retrieve them via the Exa API.