136 Tenn. 133 | Tenn. | 1916
delivered the opinion of the Court.
Plaintiff presents the following case: He owns a house within the limits of defendant town, situated
“No suit shall be brought against any municipal corporation in this State on account of injuries received- by person or property on account of the negligent condition of any street, alley, sidewalk, or highway of such municipality, unless within ninety days after such injury to the person or property has been inflicted, a written notice shall be served upon the mayor of said municipality stating the time and place where said injury was received, and the general nature of injury inflicted.”
Failure to give notice is made a valid defense against any such claim.
The court of civil appeals‘correctly held that the trial judge committed error in giving a peremptory
We are of the opinion, therefore, that the judgffnent of the court of civil appeals must be affirmed.