Kline

Plaintiff sued for damages for personal injuries received while on the premises of the school of which she was a regular student. The defendants’ demurrer was sustained without leave to amend. The appeal raises the single question whether, within the time prescribed, plaintiff filed a verified claim or demand with the officers of the school district.

The injury occurred on May 5, 1937; on January 27, 1938, a verified claim and demand for damages was filed with the school board; on February 15, 1938, the board rejected the claim; on August 18, 1939, the complaint for damages was filed. The demurrer was sustained upon the ground that the demand was not made within the time prescribed.

Plaintiff’s cause of action rests entirely upon section 2.801 of the School Code. No liability of this kind existed at common law. Hence the statute must be construed strictly. It reads in full: “Boards of school trustees, high school boards, junior college boards and boards of education are liable as such in the name of the district for any judgment against the district on account of injury to person or property arising because of the negligence of the district, or its officers or employees;…