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Publication Date

1969

Abstract

THE "law" of municipal tort liability in Georgia consists largely of a mass of judicially declared principles.' Confusing in magnitude, overlapping in scope, and conflicting in result, these principles give boundary to a no-man's-legal-land where even the "experts" are hesitant to trod. The weary traveler forced to grope his way through this desertic wilderness thus squints with refreshed anticipation as he spies on the horizon what appears to be the lush oasis of a definitive statute. As he draws nearer, the plush greenery parts, revealing the following crystal-clear legislative pronouncement:

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 ....

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