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HIRTH v. VILLAGE OF LONG PRAIRIE

No. 39796.

143 N.W.2d 205 (1966)

Ralph L. HIRTH, Appellant, v. VILLAGE OF LONG PRAIRIE et al., Respondent.

Supreme Court of Minnesota.

April 29, 1966.

Attorney(s) appearing for the Case

Charles G. Satterlee, Wadena, Ryan, Ryan & Ebert, Brainerd, for appellant.

Donald Gray, Long Prairie, for Seifert.

Meagher, Geer, Markham & Anderson, O. C. Adamson, II, and Roderick D. Blanchard, Minneapolis, for Village.

ROGOSHESKE, Justice.

Appeal from a summary judgment in favor of defendant Village of Long Prairie. The single question before us is whether, assuming fraudulent concealment of plaintiff's claim by village employees, a municipality should be estopped from asserting the defense of failure to file notice of claim required by Minn.St.1961, § 465.09.

Plaintiff alleges in his complaint, which we must assume to be true, that on June 8, 1960, while suffering...

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