TOWN OF ANTLERS, OKLAHOMA v. BENSON

No. 5548.

247 F.2d 437 (1957)

The TOWN OF ANTLERS, OKLAHOMA, a municipal corporation, Appellant, v. Harold BENSON, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 7, 1957.


Attorney(s) appearing for the Case

Lee Welch, Antlers, Okl., for appellant.

Kenneth S. Lawson, Antlers, Okl., for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

The plaintiff brought this action against the Town of Antlers, Oklahoma, to recover damages for injuries sustained by reason of a fall caused by alleged defects in a public sidewalk. The case was tried to the court without a jury, which found for the plaintiff and awarded damages in the sum of $4,500.

The court found that the sidewalk in question was four feet wide, upon which there was an abrupt elevation approximately three and one...

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