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McKAY v. CITY OF ATLANTA

32656.

80 Ga. App. 797 (1950)

57 S.E.2d 432

McKAY v. CITY OF ATLANTA et al.

Court of Appeals of Georgia.

Rehearing Denied February 2, 1950.

Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, A. G. Cleveland Jr., for plaintiff.

J. C. Savage, J. C. Murphy, J. M. B. Bloodworth, J. E. Feagin, MacDougald, Troutman, Sams & Branch, William H. Schroder, for defendants.

SUTTON, C. J.

Miss Jessie McKay filed an action in Fulton Superior Court in February, 1949, against the City of Atlanta and the Georgia Power Company, seeking damages for injuries allegedly sustained when she stepped in a hole in the street while attempting to board a trackless trolley. According to the allegations of the petition a trackless trolley operated by the power company, headed in a southwesterly direction, was stopped about

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