following Supreme Court's directive in S.E.W. Friel Co., supra
How later courts described this case
- following Supreme Court's directive in S.E.W. Friel Co., supra
Written by the judges who cited it.
The opinion
BURKE, J.
I dissent. Plaintiff’s only asserted mistake was one of law in being unaware of the claims statute until after expiration of the 100-day period. In my view such a mistake should be held an insufficient excuse for failure to timely present a claim. To compel trial courts to grant relief on a plea of ignorance of the law, as does the majority opinion here, I fear will serve to open the door to evasion and eventual erosion of the claims legislation for all practical purposes.
I would affirm the trial court’s order denying the petition for leave to present a late claim.
Respondent’s petition for a rehearing was denied March 22, 1967. Burke, J., was of the opinion that the petition should be granted.