Ocampo v. City of Racine

Three issues are presented on this appeal:

1. Is the notice requirement in sec. 81.15, Stats., a condition precedent to the right to maintain an action, or is it a statute of limitation ?

2. Is the notice requirement in sec. 81.15 applicable to a minor ?

3. If the notice requirement in sec. 81.15 applies to a minor, is it constitutional ?

Giving of Notice is Condition Precedent.

As pertinent here, sec. 81.15, Stats., states:

“. . . No such action shall be maintained unless within 120 days after the happening of the event causing such damages, notice in writing signed by the party, his agent of…