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PETTAWAY v. CITY OF ALBANY et al.

EBERHARDT, Judge.

1. A suit by a widow to recover the full value of the life of her husband, alleged to have been fatally injured by negligent acts of the defendant city, is a suit for damages arising from injuries to the person. Atlantic, V. W. R. Co. v. McDilda, 125 Ga. 468 ( 54 S.E. 140, 114 ASR 240); Cantrell v. Davis, 176 Ga. 745 ( 169 S.E. 38); Ivester v. Southern Ry. Co., 61 Ga. App. 364 ( 6 S.E.2d 214). See Lundy v. City Council of Augusta, 51 Ga. App. 655, 659 (4) ( 181 S.E. 237).

2. Where it does not appear from the petition itself that the ante litem notice, required by Code § 69-308, was given within the time therein provided, the city's general demurrer was properly sustained. Saunders v. City of Fitzgerald, 113 Ga. 619 (38 S.E. 978); Newton v. City of Moultrie, 37 Ga. App. 631 (3) ( 141 S.E. 322); Peek v. City of Albany, 101 Ga. App. 564 ( 114 S.E.2d 451); City of Atlanta v. Barrett, 102 Ga. App. 469, 471 ( 116 S.E.2d 654).

Judgment affirmed. Carlisle, P. J., and Russell, J., concur.

DECIDED APRIL 10, 1962.
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PETTAWAY v. CITY OF ALBANY
(Apr 10, 1962)