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JACOB v. CITY OF COLORADO SPRINGS

No. 23292.

485 P.2d 889 (1971)

William C. JACOB, Plaintiff in Error, v. CITY OF COLORADO SPRINGS, Colorado, a Municipal Corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

June 14, 1971.

Attorney(s) appearing for the Case

L. B. Ullstrom, Denver, Leo A. Hoegh, Chipita Park, for plaintiff in error.

Horn, Anderson & Johnson, Louis Johnson, Colorado Springs, for defendant in error.

GROVES, Justice.

This writ of error seeks review of an order granting a motion to dismiss a complaint. The complaint alleged negligent operation and maintenance of a power line of the defendant city. The ground for the dismissal was that the plaintiff did not give written notice to the city clerk within 90 days following the injury, as required by C.R.S. 1963, 139-35-1(1). We affirm.

The plaintiff owned two lots which were traversed by an uninsulated high...

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