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CONNOLLY v. CITY OF OMAHA

No. 33604.

66 N.W.2d 916 (1954)

159 Neb. 380

Cornelius F. CONNOLLY, Appellant, v. The CITY OF OMAHA, Appellee.

Supreme Court of Nebraska.

November 26, 1954.

Attorney(s) appearing for the Case

Fraser, Connolly, Crofoot & Wenstrand, Omaha, for appellant.

Edward F. Fogarty, Bernard E. Vinardi, Herbert M. Fitle and Neal H. Hilmes, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

SIMMONS, Chief Justice.

This is a damage action for personal injury resulting from a fall on a sidewalk. Defendant demurred on the ground that the petition did not state facts sufficient to constitute a cause of action. The ground of the demurrer was failure to allege the giving of notice as required by section 14-802, R.R.S.1943. The trial court sustained the demurrer. The plaintiff elected to stand upon his petition. The trial court dismissed the action. Plaintiff...

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