City of Florala v. Presley

ON REHEARING

Appellant, on rehearing, asserts for the first time that the actual notice had by the City of Florala was of an incident in which appellee appeared to have no injuries, i. e., an incident at 5th Avenue without injuries. Moreover, appellant implies that as a result thereof it was denied an opportunity to investigate the claim and settle it, if possible, to avoid the expense of litigation. Appellant thereafter says, in brief, that “presumably the City could find no evidence of injury of appellee on 5th Avenue, hence no payment.”

We find no merit in appellant’s contentions. Appellant…