139 Iowa 582 | Iowa | 1908
On March 9, 1906, while going toward her home in the defendant town in company with her son, the plaintiff fell upon a sidewalk and received the injuries of which she complains. Her fall was the result of tripping over a loose board, her son having stepped upon one end of it and thrown the other end of it in such a way as to catch the feet of the plaintiff.
I. This action was not commenced until after the. expiration of ninety days from the date of the alleged injury. The defendant pleads the statute of limitations, and avers that no written notice was served on defendant specifying the time, place, and circumstances of the injury within sixty days from the happening thereof, as required by section 3447 of the Code. It appears from the plaintiff’s petition and from the evidence that on March 11, 1906, eight days after the accident, one Chapman/ acting on behalf of the plaintiff, delivered to G. G. Harris, the town clerk, a writing as follows: “ Mapleton, Iowa. March 11, 1906. The Incorporated Town of Mapleton, Iowa, Debtor to Mrs. Jennie Neeley. March 9, 1906, Damages $1,000. Said damages having been sustained by reason of a fall (or falling) of the said Jennie Neeley on a defective sidewalk on Third street in front of lot one in block twenty-two in said town, on the 9th day of March, 1906; said fall having severely cut and