Jacob v. City of Colorado Springs

Opinion by

Mr. Justice Groves.

This writ of error seeks review of an order granting a motion to dismiss a complaint. The complaint alleged negligent operation and maintenance of a power line of the defendant city. The ground for the dismissal was that the plaintiff did not give written notice to the city clerk within 90 days following the injury, as required by C.R.S. 1963, 139-35-1(1). We affirm.

The plaintiff owned two lots which were traversed by an uninsulated high voltage power line of the city. The plaintiff wished to build a residence on the lots and requested the city to remove and…