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LYDA v. TOWN OF MARION

No. 175.

79 S.E.2d 726 (1954)

239 N.C. 265

LYDA ex ux. v. TOWN OF MARION.

Supreme Court of North Carolina.

January 15, 1954.

Attorney(s) appearing for the Case

C. David Swift, Valdese, for plaintiffs, appellants.

Proctor & Dameron, Marion, for defendant, appellee.

JOHNSON, Justice.

While the judgment does not so state, it is manifest the nonsuit was allowed below on the ground that the plaintiffs failed to file timely notice of claim with the defendant prior to the commencement of the action as required by the charter of the defendant town, as amended by Chapter 253, Section 1, Pub.Loc. Laws of 1941, which, insofar as material, is as follows:

"`No action for damages against the Town of Marion of any character whatever...

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