Burkard v. City of Dell Rapids

Plaintiff instituted this action to recover for personal injuries sustained as the result of the alleged negligence of the defendant city in failing properly to maintain a gas plant owned and operated by it. Plaintiff appeals from an adverse judgment entered upon motion of the city for judgment upon the' pleadings.

The city in its answer alleged that plaintiff failed to give written notice of the time, place and cause of his injuries within sixty days after their occurrence as provided in SDC 45.1409. In his reply, plaintiff admits that he did not give notice within sixty days, but alleges the…