PENIX v. CITY OF ST. JOHNS

Docket No. 5, Calendar No. 47,474.

354 Mich. 259 (1958)

92 N.W.2d 332

PENIX v. CITY OF ST. JOHNS.

Supreme Court of Michigan.

Decided October 13, 1958.


Attorney(s) appearing for the Case

Timothy M. Green, for defendant.


DETHMERS, C.J.

Defendant city appeals, on leave granted, from denial of its motion to dismiss. The motion was based on 2 grounds: (1) that as appears from the allegations of plaintiff's declaration timely notice of her claim was not presented to the city commission, as required by the city charter, and (2) that her declaration alleges damages resulting from the negligence of defendant's employees in performance of a governmental...

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