HELLER v. CITY OF VIRGINIA BEACH


194 S.E.2d 696 (1973)

213 Va. 683

AI HELLER v. CITY OF VIRGINIA BEACH.

Supreme Court of Virginia.

March 5, 1973.


Attorney(s) appearing for the Case

Gerald Rubinger, Virginia Beach (Parker, Rubinger & Jacobson, Virginia Beach, on brief), for plaintiff in error.

Edward L. Oast, Jr., Norfolk (James T. Martin, Jr., Williams, Worrell, Kelly & Worthington, Norfolk, on brief), for defendant in error.

Before all the Justices.


COCHRAN, Justice.

The question for our determination is whether Al Heller gave the notice required by Code § 8-6531 before instituting this law action against the City of Virginia Beach for injuries alleged to have been caused by the City's negligence in maintaining a street.

In his motion for judgment Heller alleged that on May 13, 1969, at or near the intersection of 17th Street and Atlantic Avenue he fell and sustained...

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