dissenting.
In Kitto v. Minot Park District, 224 N.W.2d 795 (N.D.1974), this court said that it was giving the Forty-fourth Legislative Assembly an opportunity to “mitigate any hardships” arising from the abolition of governmental immunity for subdivisions. The Legislative Assembly, in enacting *77Chapter 295, S.L.1975, said: “It is the intent of the legislature that this Act is to provide the political subdivisions of this state with temporary protection . . . ,” and accordingly required, among other things, that notice of claim be filed within 90 days after an injury, and suit be brought within three years. Whether common law, this court, or Chapter 295 created a cause of action against political subdivisions is academic only. The Legislature was clear and unambiguous, and left no room for exceptions for anyone not incapacitated by the injury complained of.
I disagree with the interpretation placed upon § 28-01-25, NDCC, by the majority. The majority opinion, in effect, without so stating, overrules a long-standing principle in this state. In a case involving claims against the state bonding fund under a statute that required a 60-day notice in addition to a statute of limitation applicable to suit, this court said:
“The statute we are considering is a •complete act in itself. It does not make any exceptions; it is clear and unambiguous, and it applies to those under disability as well as to those who are not.” Miller v. Turner, 64 N.D. 463, 253 N.W. 437, 441 (1934).
See also, Morton County v. Tavis, 66 N.W.2d 201, 205 (N.D.1954). The analogy is obvious. See cases cited in 56 Am.Jur.2d, Municipal Corporations, Etc., § 783, and 34 A.L.R.2d 739.
In a very early case, Morgan v. City of Des Moines, 60 F. 208, 210 (8th Cir. 1894), involving a claim against the city where notice of claim had not been served within the 90 days required by the statute, the court said:
“. . . the argument against the justice and wisdom of the statute which contains no saving clause in favor of infants must be addressed to the legislature, and not to the courts.”
Subsequently, in Schauble v. Schulz, 137 F. 389 (8th Cir. 1905), a case involving North Dakota law, the court said that the exemption for infants does not rest upon any fundamental doctrine of law, but upon express provision therefor in the statute. It is competent for the Legislature to put infants and adults upon the same basis— and this is the effect of a statute containing no saving clause exempting infants. See 54 C.J.S. Limitations of Actions § 235.
The fact that an infant is exempt from the provisions of a general limitations statute does not permit him to ignore the notice requirements of a statute establishing a time limit for notice of a claim against a political subdivision.
Harsh as it may appear to be, the judgment should be affirmed. Hard cases are apt to make bad law.