Allen v. City of MacOn

I concur in the judgment solely because this court is bound by the strict application of Code Ann. § 69-308 as exemplified by City of Calhoun v. Holland, 222 Ga. 817 (152 SE2d 752), reversing Holland v. City of Calhoun, 114 Ga. App. 51 (150 SE2d 155). As pointed out by Judge Deen in Holland, the purpose of the ante *90litem notice is simply to give the city an opportunity to investigate and adjust a claim, if it prefers, prior to suit. The defendant here had ample notice of the claim and it had been referred to its insurance carrier who under the terms of the policy had been delegated the power…