HARLAN v. CITY OF TUCSON

No. 6078.

82 Ariz. 111 (1957)

309 P.2d 244

Dale HARLAN and Hester Harlan, husband and wife, Appellants, v. The CITY OF TUCSON, a Municipal Corporation, Appellee.

Supreme Court of Arizona.

March 19, 1957.


Attorney(s) appearing for the Case

McCarty, Chandler & Udall, Tucson, for appellants.

Harold R. Neubauer, City Atty., Gerald B. Hirsch and Tom Allin, Jr., Asst. City Attys., Tucson, for appellee.


McCARTHY, Superior Court Judge.

This is an appeal by plaintiffs-appellants from a summary judgment in favor of defendant-appellee, holding under the undisputed facts that the city owed no duty to plaintiffs for personal injuries alleged to have been proximately caused by the claimed negligence of the city in the construction and maintenance of one of its streets.

The facts may be summarized as follows: On September 8, 1953, at approximately 4:30 a.m., the...

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