Nesbit v. City of Topeka

The opinion of the court was delivered by

Benson, J.:

The question to be decided in this case is whether a notice as provided by section 1218 of the General Statutes of 1909 is a condition precedent to *395the maintenance of an action for damages for death caused by the wrongful act or omission of another under the provisions of section 419 of the civil code, the death having occurred more than four months after the injury. A demurrer to a petition alleging such negligence and resulting death, but failing to allege the notice referred to, was overruled, and the defendant appeals.

The statute…