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RATLIFF v. CITY OF GREAT FALLS

No. 9465.

314 P.2d 880 (1957)

Lucy RATLIFF, Plaintiff and Respondent, v. CITY OF GREAT FALLS, Montana, a municipal corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided August 19, 1957.

Attorney(s) appearing for the Case

Ray F. Koby, John H. Kuenning, Great Falls, for appellant.

Julius J. Wuerthner, C.W. Murch, John P. Wuerthner, Great Falls, John P. Wuerthner and C. W. Murch, Great Falls, argued orally, for respondent.

ANGSTMAN, Justice.

This is an appeal by defendant from a judgment for plaintiff entered on a verdict of the jury awarding plaintiff $2,500 damages for injuries sustained by her as a result of a fall on the sidewalk abutting the premises at 200-202 First Avenue South in Great Falls, which sidewalk was claimed by plaintiff to be in a defective condition.

The only question presented by the appeal is whether plaintiff has pleaded and proved that the city had actual...

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