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HART v. CITY OF LAS VEGAS

No. 3946.

307 P.2d 617 (1957)

William E. HART, III, Appellant, v. The CITY OF LAS VEGAS, Nevada, a Municipal Corporation, Respondent.

Supreme Court of Nevada.

February 25, 1957.

Attorney(s) appearing for the Case

William Singleton, Charles W. Deaner, Jack E. Butler, Las Vegas, for Appellant.

Howard W. Cannon, City Atty., and Ralston Hawkins, Asst. City Atty., Las Vegas, for respondent.

MERRILL, Justice.

This is an action brought by appellant for abatement of nuisance and for damages. The trial court ordered dismissal of the action upon the ground that no claim had been filed with respondent city prior to suit and this appeal was taken. The sole question involved is whether in such a case as this the filing of a claim is a necessary condition precedent to action.

The nuisance as alleged in the complaint...

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