Cook v. City of Topeka

The opinion of the court was delivered by

Greene, J.:

The plaintiff brought this action to recover damages for injuries sustained by him by the overturning of his wagon, caused by its coming in contact with an obstruction in one of the public alleys in the city of Topeka. A demurrer was sustained to his petition, and the sufficiency of the petition, as against a demurrer, is the only question for our consideration.

The alleged defect in the petition is that it shows that the plaintiff had not within four months after the injury and before bringing the action filed with the city clerk a written…