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OCAMPO v. RACINE

28 Wis.2d 506 (1965)

OCAMPO, by Guardian ad litem, Appellant, v. CITY OF RACINE, Respondent.

Supreme Court of Wisconsin.

November 2, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by La France, Thompson, Greenquist, Evans & Dye, attorneys, and Adrian P. Schoone of counsel, all of Racine, and oral argument by Mr. Schoone.

For the respondent there was a brief by Jack Harvey, city attorney, and Louis J. Roshar, assistant city attorney, and oral argument by Mr. Harvey.

A brief amicus curiae was filed by Julian Bradbury of Madison, for the League of Wisconsin Municipalities.

WILKIE, J.

Three issues are presented on this appeal:

1. Is the notice requirement in sec. 81.15, Stats., a condition precedent to the right to maintain an action, or is it a statute of limitation?

2. Is the notice requirement in sec. 81.15 applicable to a minor?

3. If the notice requirement in sec. 81.15 applies to a minor, is it constitutional?

Giving of Notice is Condition Precedent...

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