Marsh v. City of Miami

Terrell, J.-

Plaintiff in error as plaintiff below, filed his declaration in the Circuit Court of Dade County seeking to recover damages against the City of Miami, defendant in error, for the negligent death of his minor child, a boy ten years old. A demurrer to the declaration was sustained and the instant writ of error was prosecuted to that order.

The demurrer was sustained because the declaration did not allege that sixty days’ notice was given the City Attorney of Miami before instituting the actioq as required by Section Ninety-three of the City Charter. We are thus confronted with the…