5 Ga. App. 286 | Ga. Ct. App. | 1908
1. A substantial compliance with the act of December 20, 1899, providing that before suit is brought to recover damages against a municipal corporation, notice of the time, place, and extent of the injuries to person or property claimed to have been inflicted by the corporation, and the amount of the damages claimed, shall be given to its officers, is all that is required. This act does not contemplate that the notice shall be drawn with the technical nicety necessary in pleading.
2. Where the original petition alleges that the notice required by this act was given to the officers of the defendant coi'poration before suit was brought, and a copy of the notice so given is attached to the petition, as an exhibit, and appears to be in substantial compliance with the act in question, an amendment to the petition, specifically setting out the legal measure of the damages claimed in the suit, presents no material variance between the notice and the claim for damages previously given to the officers of the municipal corporation and the claim for damages as set out in the amended petition. Langley v. Augusta, 118 Ga. 590 (45 S. E. 480, 98 Am. St. R. 133).
3. The petition as amended was good against a general demurrer.
Judgment reversed.