Stallings v. City of Tampa

Citations

• 78 Fla. 606
• 83 So. 625

Syllabus

<p>1. The failure of a municipality to keep its streets in “proper condition” as required by its charter may result from a defective condition of a street itself or may be due to ian 'obstruction upon such street, so that, the duty of a city to keep its streets “in proper condition” may be breached either by allowing a street itself to become in a defective condition or by allowing obstructions to be placed on and be permitted to remain upon such street.</p> <p>2. The Charter 'of the City of Tampa contains the following provision (Section 59, Chap. 5363, Acts of 1903) : “No suit shall be maintained against the city for damages arising out of a failure to keep in proper condition any sidewalk, pavement, viaduct, bridge, street or other' public place, unless it shall be made to appear that the damage alleged is attributable to the negligence of the city, and that written notice of such damage was, within thirty days after the receiving of tlie injury alleged, given to the city attorney with such reasonable specifications as to time and place and witnesses as would enable the city officials to investigate the matter.” Held that in action against the city, such ias is described in this statute, it is incumbent upon the plaintiff to allege and prove that the notice therein required to be given was duly given before he will be entitled to recover.</p>