Copyrighted by MIDLAND CHARTER & Municipal Code Corporation, 1998.

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Sec. 17.1. Notice to city of claim for negligent injury.

No action shall be brought against the city for any negligent injury to person or property unless brought within the period limited by law from the time such injury was sustained, nor unless the person or persons claiming to be so injured shall serve or cause to be served, within sixty (60) days after such injury shall have occurred, a notice in writing upon the Clerk, which notice shall set forth substantially the time and place of such injury, and the nature thereof, the manner in which it occurred, the extent of such injury so far as the same has become known, the names and addresses of the witnesses known at the time by claimant, and a statement that the person receiving such injury intends to hold the city liable for such damages as may have been sustained by him. No person shall bring any action against the city to recover for any negligent injury to person or property unless he shall also present to the Clerk his claim in writing and under oath, setting forth particularly the nature and extent of such injury and the amount of damages claimed by reason thereof, which claim shall be presented to the Council by the Clerk.

It shall be a sufficient bar and answer in any court to any action or proceeding for the collection of any demand or claim against the city for any negligent injury that the notice of injury and the verified proof of claim, as in this section required were not presented and filed within the time and in the manner as herein provided.

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