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BATTLE v. CITY OF MACON

32950.

81 Ga. App. 388 (1950)

59 S.E.2d 5

BATTLE v. CITY OF MACON.

Court of Appeals of Georgia.

Decided April 7, 1950.

Attorney(s) appearing for the Case

Buford & Coll, for plaintiff.

Ed. S. Sell Jr., Clarence H. Clay Jr., for defendant.

FELTON, J.

1. The defendant in error contends that the petition does not state sufficient facts to show notice of the defect to the city and that therefore no cause of action is stated. This contention is based on Code § 69-303. We do not agree with the defendant in error that this Code provision requires an allegation in the petition of how long the defect had existed if constructive or implied notice is relied upon. This provision is a mere codification of...

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