Foster v. City of Charlotte

Pee Cueiam.

There are a number of decisions of this Court to the effect that compliance with charter provisions similar to those above set out is a condition precedent to the institution of an action against a municipal corporation for the recovery of damages — the object of the provision being to give the municipal authorities timely opportunity to investigate claims while the evidence may be procured and preserved and to prevent fraud and imposition. Cresler v. Asheville, 134 N. C., 311; Pender v. Salisbury, 160 N. C., 363; Hartsell v. Asheville, 164 N. C., 193. Both allegations and proof of…