Bacon v. City of Antigo

The plaintiff brought action against the city for personal injuries suffered on account of a defective sidewalk upon a street in the defendant city, and alleged service •of a notice of the injury by filing the same with the city clerk, for presentation to the city council, within sixty days after the injury. Upon the trial, a general demurrer ore tenus to the complaint was sustained, on the ground that the complaint did not allege the presentation of the claim to the common council.

*11The charter of the city provides (Laws of 1889, ch. 197, sec. 139) that no action in tort shall lie or be…