Opinion
37706.
DECIDED JULY 14, 1959. REHEARING DENIED JULY 27, 1959.
Action for damages. Chattooga Superior Court. Before Judge Davis. March 12, 1959.
Robert Edward Surles, for plaintiff in error.
F. H. Boney, contra.
1. "No person, firm or corporation, having a claim for money damages against any municipal corporation on account of injuries to person or property, shall bring any suit at law or equity against said municipal corporation for the same, without first, and within six months of the happening of the event upon which such claim is predicated, presenting in writing such claim to the governing authority of said municipality for adjustment, stating the time, place, and extent of such injury, as nearly as practicable, and the negligence which caused the same, and no such suit shall be entertained by the courts against such municipality until the cause of action therein shall have been first presented to said governing authority, for adjustment." Code (Ann.) § 69-308. (Italics ours). While a substantial compliance with the foregoing statutory requirements is sufficient and such notice need not be drawn "with all the formalities and technical niceties of a petition" ( City of Rome v. Stone, 46 Ga. App. 259 (1a), 167 S.E. 325), and while it is only necessary that the notice set forth sufficient facts as will enable the municipality to promptly investigate for itself the merits of the claim ( City of Atlanta v. Blackmon, 50 Ga. App. 448, 178 S.E. 467), and while there may be some conflict in the authorities as to whether it is necessary that the written notice advise the municipality as to the specific act or acts of negligence on the part of the municipality relied upon as the basis for the recovery sought (compare Harrison Co. v. City of Atlanta, 26 Ga. App. 727, 107 S.E. 83, with City of Atlanta v. Blackmon, supra), the statutory requirement as to the various elements which must be incorporated in the notice is plain and unambiguous and clearly requires that such notice at least, to some extent, advise the municipality of the negligence claimed. Accordingly, where the written notice given to the municipality failed to set forth therein any fact or contention of the plaintiff with respect to any negligent act on the part of the municipality, and wholly failed to inform the municipality as to the cause of the plaintiff's injuries for which damages were claimed, it was not a sufficient compliance with the requirements of the statute, and the petition which had attached thereto a copy of such notice was fatally defective and subject to general demurrer. Newton v. City of Moultrie, 37 Ga. App. 631 ( 141 S.E. 322).
2. It follows from the foregoing ruling that the trial court erred in overruling the general demurrer to the petition in this case.
Judgment reversed. Gardner, P. J., and Townsend, J., concur.
DECIDED JULY 14, 1959 — REHEARING DENIED JULY 27, 1959.
Miss Mable Aldred brought suit against the City of Summerville for damages for personal injuries allegedly sustained by her as the result of the wrecking of an automobile in which she was riding as a guest passenger when it ran over a manhole in a public street of the defendant municipality, said wrecking alleged to have been caused by the tipping or turning up of the manhole cover out of its proper fitting and location and by its striking the frame or underside of the vehicle in which she was riding. Attached to the petition as "Exhibit A" was a copy of an undated document as follows:
"Claim for damages. In pursuance of the provisions of Section 69-303 of the Code of Georgia concerning the liability of a municipality for injuries resulting from defects in streets.
"Mayor and Council, City of Summerville, Summerville, Georgia.
"Gentlemen: You are hereby notified that on November 26, 1956, at approximately 8 p. m., Mrs. W. F. Aldred and Miss Mable Aldred suffered severe injuries while riding in a car driven by Mrs. J. B. Woodard, in the City of Summerville, Georgia. The car being driven in a westerly direction over and along First Street, the vehicle being driven over a manhole located in approximately the middle of the street at the intersection of Union and First Street.
"Your petitioners, Mrs. W. F. Aldred and Miss Mable Aldred, make claim and demand upon the City of Summerville, in the sum of $50,000 and $25,000 respectively, for damages sustained while passengers in Mrs. J. B. Woodard's car.
"Mrs. W. F. Aldred suffered a severe ankle injury, which is permanent in nature, and other injuries which will be more fully described in a report available from Dr. Goodwin, Summerville, Georgia.
"Miss Mable Aldred suffered injuries to her face and head, which are permanent in nature, and will be more fully described by Dr. Goodwin.
"I am sure the Mayor and Council are familiar with the facts and circumstances surrounding this case; consequently, I will not try to go into further detail.
"Such demand and claim for damages is made in pursuance of provisions of Section 69-303 of the Code of the State of Georgia.
"Mrs. W. F. Aldred Miss Mable Aldred By: James A. Aldred Plaintiff's Attorney." The trial court overruled general and special demurrers to the petition as amended and that judgment is assigned as error in this court.