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BARNETT v. CITY OF MEMPHIS

269 S.W.2d 906 (1954)

BARNETT v. CITY OF MEMPHIS et al.

Supreme Court of Tennessee.

Rehearing Denied July 23, 1954.

Attorney(s) appearing for the Case

Aspero & Aspero and Nell Sanders Aspero, all of Memphis, for plaintiff.

Evans, Petree & Cobb, Marion G. Evans, Frank B. Gianotti, Jr., and Robert W. Pharr, Memphis, for defendants.

PREWITT, Justice.

This is a suit for damages for personal injuries to the plaintiff, Robert Lee Barnett, Jr., a minor six years of age, and a student at Cummings School in Memphis, Tennessee. A demurrer was interposed by the School Board and the individual members thereof, which was sustained by the trial judge, and the suit dismissed, the Circuit Judge being of the opinion that defendants were performing a governmental function at the time the alleged injuries were...

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