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BARRETT v. CITY OF CLAREMONT

Docket No. L.A. 22543.

41 Cal.2d 70 (1953)

256 P.2d 977

MARY E. BARRETT, Respondent, v. THE CITY OF CLAREMONT, Appellant.

Supreme Court of California. In Bank.

May 19, 1953.

Attorney(s) appearing for the Case

Moss, Lyon & Dunn, Sidney A. Moss and Henry F. Walker for Appellant.

Knight, Gitelson, Ashton & Hagenbaugh, Van Hagenbaugh and Leon J. Alexander for Respondent.

EDMONDS, J.

Mary E. Barrett sued the city of Claremont for damages, charging the defendant with negligence in the construction and maintenance of a public sidewalk. The injuries which she sustained resulted from a fall occurring when she tripped upon a ridge of asphaltum filler material protruding above the surface of the walk. Whether that defect was a trivial or substantial one is the principal question presented upon the appeal from the judgment against the city...

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