Summary
In Watkins v. Town of Cicero, 312 Ill. App. 380 (Abst.), the court said that knowledge of the facts by the town will not take the place of the written notice required by the statute, and that while the sufficiency of the statement in writing must be determined from the statement itself, the filing of the statement must be proved, if not admitted, by evidence other than the statement.
Summary of this case from Hayes v. Chicago Transit AuthorityOpinion
Gen. No. 41,398. (Abstract of Decision.)
Opinion filed December 3, 1941 Rehearing denied January 20, 1942
MUNICIPAL CORPORATIONS, § 405 — evidence sufficient to show filing of statements in writing of injury with city officials. Where the plaintiff sued the town for accidental injuries received in a fall on a sidewalk occasioned by difference in level of two slabs, and her attorney went to the office of the town attorney and the office of the town clerk to file statements in writing of the injuries and found them absent and left the notices with, and took receipts for copies of the notices from, parties in the office authorized to take notices and receipt for them in the absence of these officials, the trial court properly found the statements were filed with the two officials in conformance with the statute and it did not err in admitting them in evidence (Ill. Rev. Stat. 1939, ch. 70, § 7; Jones Ill. Stats. Ann. 107.148).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. WALTER T. STANTON, presiding.
Judgment affirmed. Heard in second division, first district, this court at October term, 1940.
Joseph I. Bulger, for appellant.
Charles C. Richard M. Spencer, for appellee.
"Not to be published in full." Opinion filed December 30, 1941; rehearing denied January 20, 1942.