City of Tallapoosa v. Brock

• Decision Date: 19 August 1912
• Citation: City of Tallapoosa v. Brock, 138 Ga. 622, 75 S.E. 644 (Ga. 1912)
• Parties: CITY OF TALLAPOOSA v. BROCK.
• Court: Georgia Supreme Court

75 S.E. 644

138 Ga. 622

CITY OF TALLAPOOSA v. BROCK.

Supreme Court of Georgia

August 19, 1912

Syllabus by the Court.

In bringing suit against a municipal corporation for damages on account of a personal injury, it is necessary to allege a substantial compliance with Civil Code 1910, § 910, which requires a presentation in writing of such claim to the governing authority of the municipality for adjustment stating the time, place, etc., before bringing suit, and allows the municipal authorities 30 days in which to act on the claim. A petition which fails to do this is demurrable. Saunders v. City of Fitzgerald, 113 Ga. 619, 38 S.E 978; City of Columbus v. McDaniel, 117 Ga. 823, 45 S.E. 59; Langley v. City Council of Augusta, 118 Ga 590, 45 S.E. 486, 98 Am.St.Rep. 133.

A petition alleged a personal injury resulting from a defect in a sidewalk of a city, and that on a named date a notice was served, a copy of which was set out. It was directed to the mayor and served on him, and merely notified him that the injured person would file suit against the city for the injury (describing it and the time, place, and cause of its occurrence) to a term of the superior court which would convene several months after the date of the notice. Held, that such a notice merely of an intention to sue the city, directed to the mayor, was not such a presentation of the claim or demand to the governing authorities for adjustment as to meet...