Sperti v. City of Niagara Falls

The death of plaintiff’s intestate resulted from a fall on an icy sidewalk in the city of Niagara Falls on January 6, 1936. The charter of the city (Laws of 1916, chap. 530, § 323) provided as follows: “ But no such action shall be maintained for damages to person or property sustained in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street unless written notice thereof relating to the particular place was actually given to the superintendent of public service, and there was a failure or neglect to cause such snow or ice to be removed, or the place otherwise made…