§ 150. Liability of the city and limitations thereon.  


Latest version.
  • Before the city shall be liable for damages for the death or personal injuries of any person or for damage to or destruction of property of any kind, the person injured, if living, or his representatives, if dead, or the owner of the property injured or destroyed, shall give the city manager or the city clerk notice in writing of such death, injury or destruction within ninety days after same has been sustained, stating in such written notice when, where and how the death, injury or destruction occurred, and the apparent extent of any such injury, and the amount of damages sustained; provided, however, that in no event shall the city be liable in damages to any one on account of any defect in, obstruction, on or anything else in connection with any sidewalk in the city. And provided, further, that in order to hold the city liable in damages to any one on account of any injury caused by any defect in, obstruction on, or anything else in connection with any street, alley or plaza, bridge, river bank, water course, or any public way, it must be shown that the city manager, a member of the council, or some person having superintendence or control of the work for the city had actual knowledge or actual notice of such defect, obstruction or other thing for a sufficient length of time before such injury was received, to have remedied or guarded against such condition of the street, alley or plaza before the injury was received.