Morrissey v. Murphy

TEHAN, Chief Judge.

Plaintiff commenced this action on March 27, 1950, alleging that he was injured on September 6, 1946, when he tripped over a rope which had been placed across the driveway leading to the rear entrance of the Post Office at Delavan, Wisconsin. Defendant, who was then serving as Postmaster in Delavan, is sued here in his individual capacity for negligence in placing the rope across the driveway.

Defendant has moved for summary judgment dismissing the action for lack of compliance with Section 330.19(5), Wisconsin Statutes, which provides in material part:

“330.19 Within six…