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DOCKERY v. CITY OF NORTON

133 S.E.2d 296 (1963)

204 Va. 752

Phyllis DOCKERY, an Infant, who sues by Roy Dockery, her father and next friend, v. CITY OF NORTON.

Supreme Court of Appeals of Virginia.

December 2, 1963.

Attorney(s) appearing for the Case

Stanley H. Botts, Big Stone Gap, Carl W. Newman, Appalachia (Shannon & Newman, Appalachia, on the brief), for plaintiff in error.

Robert T. Winston, Jr., Norton (W. T. Bowen, Norton, on the brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

EGGLESTON, Chief Justice.

Phyllis Dockery, an infant twelve years of age, suing by her father and next friend, filed a motion for judgment against the City of Norton to recover damages for injuries received by her while playing or climbing on a large drainage pipe which the city had stored, in anticipation of its installation, on a grass plot between the sidewalk and curb on one of its streets. The motion alleged that as the plaintiff climbed on the pipe it rolled...

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