Harrop v. Keller

HARRIS, Justice.

In this dram shop action the petition and its amendments were challenged by a series of motions to dismiss. The central issue is a claimed violation of the notice requirement of § 123.93, The Code. The trial court held the notice requirement had not been met and dismissed the petition. On plaintiff’s appeal we reverse the trial court and remand.

The factual background as shown by the allegations of plaintiff’s petition is as follows:

On June 23, 1972 Charles Harrop (plaintiff) (for convenience plaintiffs, whose claims arise through the same incident, will be referred to in the…