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RABE v. OUTAGAMIE COUNTY

No. 798 (1974).

72 Wis.2d 492 (1976)

241 N.W.2d 428

RABE, Respondent, v. OUTAGAMIE COUNTY, and another, Appellants.

Supreme Court of Wisconsin.

Decided May 4, 1976.

Attorney(s) appearing for the Case

For the appellants there was a brief by Peter S. Nelson and Fulton, Menn & Nehs, Ltd., and oral argument by Peter S. Nelson, all of Appleton.

For the respondent there was a brief by G. L. MacKenzie and Curtis, MacKenzie, Haase & Brown, of Oshkosh; Thomas J. Zoesch and Sigman, Shiff, Janssen & Zoesch, of Appleton, and oral argument by Thomas J. Zoesch.

HANLEY, J.

Two issues are presented on this appeal:

1. Was the demurrer properly overruled on the basis of compliance with the notice of injury and filing of claims statutes?

2. Was the deceased's sister a proper claimant under the applicable wrongful death statute?

Notice and filing.

The defendants contend that the complaint does not allege either the filing of a notice of injury within 120

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