Kennedy v. Mayor of Savannah
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge Freeman. July 27, 1909. E. F. Kennedy sued the Mayor and Aldermen of the City of Savannah for damages on account of personal injuries.
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Action for damages; from city court of Savannah — Judge Freeman. July 27, 1909. E. F. Kennedy sued the Mayor and Aldermen of the City of Savannah for damages on account of personal injuries. The suit was filed on April 19, 1909. On the trial the court excluded from evidence a • written notice of the plaintiff’s claim for damages, served on the defendant corporation on March 1, 1909, which was offered as.evidence by the plaintiff, the defendant objecting to its introduction, on the ground that the notice was not a compliance with the act of the General Assembly approved December 20, 1899, as…
1Opinion of the CourtRussell, J.
1. Only such substantial compliance with the provisions of the act of 1899 (Acts 1899, p. 74), requiring notice to be given to municipal corporations of claims for damages against them, is necessary as will enable the municipality to fully investigate the claim and to determine whether it prefers to adjust the claim without suit or to contest its validity in the courts.
2, The requirement that the notice shall state the negligence which caused the damage was sufficiently complied with in this case, and it was error to nonsuit the plaintiff upon the ground that the statement of the cause of the…
2Cases cited2 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Smith v. City of ElbertonCourt of Appeals of Georgia · 1908
3Cited by14 opinions
- Aldred v. City of SummervilleSupreme Court of Georgia · 1960
- City of Rome v. StoneCourt of Appeals of Georgia · 1933
- City of Atlanta v. HawkinsCourt of Appeals of Georgia · 1932
- Caldwell v. Mayor &C. of SavannahCourt of Appeals of Georgia · 1960
- Jones v. Mayor of SavannahCourt of Appeals of Georgia · 1936
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