Updike v. City of Omaha

Letton, J.,

dissenting.

The facts in this case do not bring it within the rule of the Tewksbury case, where the injury was the immediate and direct result of the negligence of the city’s servants. In the present case the city is held liable for a latent defect in its streets, caused by a contractor 20 years before the accident.

In my opinion, the city is not liable in the absence of the statutory notice.