Rogers v. City of Oconomowoc

Improper Claim.

The complaint alleges that on March 21, 1961, the guardian ad litem made a demand upon the city for compensation to the minor for the injuries already referred to and that more than ninety days have elapsed since the demand. A copy of the demand is incorporated in the complaint. Sec. 62.25, Stats., forbids a plaintiff to maintain an action against a city for damages until he shall first have presented his claim to the city council and the claim has been disallowed or not passed upon by the council within,ninety days after the claim was presented.

The city’s present contention is…