Smith v. City of Elberton
Court of Appeals of Georgia
Action for damages, from city court of Elbertón — 'Judge Proffitt. August 11, 1908. W. C. Smith sued the Gityr of Elberton for damages; a general demurrer to the petition as amended was sustained, and the plaintiff excepted.
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Action for damages, from city court of Elbertón — 'Judge Proffitt. August 11, 1908. W. C. Smith sued the Gityr of Elberton for damages; a general demurrer to the petition as amended was sustained, and the plaintiff excepted. The petition alleges, in substance, that the plaintiff is, and at the times herein mentioned was, the owner of a lot of land on the west side of McIntosh street in the city of Elberton, on which is a frame dwelling-house occupied by his tenants; that during July, August, and September of the year 1907, the defendant, through its officers, agents, servants, and employees,…
1Opinion of the CourtHill, C. J.
1. A substantial compliance with the act of December 20, 1899, providing that before suit is brought to recover damages against a municipal corporation, notice of the time, place, and extent of the injuries to person or property claimed to have been inflicted by the corporation, and the amount of the damages claimed, shall be given to its officers, is all that is required. This act does not contemplate that the notice shall be drawn with the technical nicety necessary in pleading.
2. Where the original petition alleges that the notice required by this act was given to the officers of the…
2Cases cited1 opinion
- Langley v. City CouncilSupreme Court of Georgia · 1903
3Cited by8 opinions
- Kennedy v. Mayor of SavannahCourt of Appeals of Georgia · 1910
- Williamson v. Mayor of SavannahCourt of Appeals of Georgia · 1917
- City of Sandersville v. StanleyCourt of Appeals of Georgia · 1912
- Smith v. City of RomeCourt of Appeals of Georgia · 1915
- Mayor of Macon v. StringfieldCourt of Appeals of Georgia · 1915
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