(dissenting).
Appellant, Charles B. McDonald, alleges that he was injured on May 3,1953, under circumstances which he claims make the District of Columbia liable.
Pursuant to Title 12, Section 208, of the D.C.Code 1951, quoted in the majority opinion, appellant’s attorney addressed a letter, dated September 21, 1953, to the Commissioners of the District of Columbia, making claim. This letter, of course, was well within the period of six months referred to in the statute. The letter contained two errors: (1) the correct location of the accident was not given, “Northwest” being used instead of “Southeast”, and (2) the correct date of the accident was not given.
By letter dated September 24, 1953, the Commissioners of the District of Columbia acknowledged appellant’s letter and stated that the “letter has been referred to the Corporation Counsel for consideration”. Within a few days after counsel for appellant received the letter of September 24, 1953, a representative from the investigating section of the office of the Corporation Counsel contacted counsel for appellant at his office to discuss the matter, and at that time that representative advised that he believed that the wrong section of the city had been given in the letter of September 21.
Thereafter, and still within the statutory six months period, the Corporation Counsel’s office was verbally informed, by appellant’s counsel, of the correct location of the accident; and, upon this verbal report being made, counsel for *862appellant was advised "that his call was appreciated, but that the Office of the Corporation Counsel had already, from their own investigation, learned the location of the accident.”
On October 14, 1958, well within the six months period, the date of the accident was corrected by letter to the “Inspector of Claims, D. C., Office of the Corporation Counsel”.
That all of this was done within the six months period is not disputed. In fact, at the hearing of the motion for summary judgment, the Assistant Corporation Counsel, with commendable frankness, stated:
“Your Honor, we were not deceived by it in the end. We knew before the statutory period ran where it was. I want to be perfectly fair about that with you.”
Unde]1 these circumstances, I think both the letter and the spirit of the statute were complied with.1 The notice required was given and corrections of error wire made, all within the statutory period. Other than the totally unnecessary writing of two correcting letters, addressed specifically to the Commissioners — something which would not in any way affect any of the rights of the District of Columbia, and which letters undoubtedly would have been handled in precisely the same way as was the first letter (i.e., referred to the Corporation Counsel, to whose offide the second letter was written and to whom the verbal correction was made) — there was nothing further that appellant could have done to put the District of Columbia on notice within the statutory period.
I am familiar with the strict and, to my mind, harsh rule applied by certain other courts; but I would prefer to follow a ruling that to my mind carries out both the letter and the spirit of the statute in question. Any other construction would result in injustice in this case. I would reverse.
. The statute in question was an outgrowth of the case of District of Columbia v. Leys, 62 App.D.C. 3, 63 F.2d 646. In tl e Leys ease this court held that allowirg the plaintiff to amend his complaint at the trial, to show that the accident occurred at a different place from that alleged in the declaration, was not erro:’, but the court commented on the unfa.rness of that practice and suggested legislation to remedy it. The House Report recommending passage of the statute (House Report 2010, 72nd Congress, 2nd Session) indicated that it was for the purpose of protecting the District of Columbia against unreasonable claims and to assist it in the defense of the public interest where claims are made within the three year statute of limitations but so long after the event that it is impossible for the District of Columbia to obtain evidence for use in litigation which may result. The report continues: “It is not intended to reduce the period within which suit may be filed, but the purpose of the bill is to give the District officials reasonable notice of the accident so that the facts may be ascertained and, if possible, the claim adjusted.” (Emphasis supplied.)
This provision is in no sense a statute of limitations. That this is so is further buttressed by the provision that “a report in writing by the Metropolitan Police Department, in regular course of duty, shall be regarded as a sufficient notice.”