McCulley v. City of Princeton

DIXON, Judge.

A single issue is raised by this appeal. Does Section 79.480 requiring notice to a city of the 4th class within 90 days for “injuries” growing out of a “defect” or “unsafe” condition of “street, sidewalk or thoroughfare” apply to a claim for property damage arising from a clogged sewer installed under a city street ?

Plaintiff pleaded that the defendant 4th class city negligently permitted a public sewer to “back-up” into the basement of plaintiffs’ home causing property damage. The city filed a motion setting up the failure of plaintiff to comply with Section 79.-480 which reads…