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FALATOVITCH v. CITY OF CLINTON

No. 177.

129 S.E.2d 598 (1963)

259 N.C. 58

Frances Eloise FALATOVITCH v. CITY OF CLINTON.

Supreme Court of North Carolina.

March 6, 1963.

Attorney(s) appearing for the Case

Chesnutt & Chambliss, Clinton, for plaintiff appellant.

Harry M. Lee and M. B. Fowler, Clinton, for defendant appellee.

PER CURIAM.

Plaintiff's evidence tends to show:

On Saturday, April 22, 1961, about 10:00 a. m., in leaving Clinton Appliance and Furniture Company, plaintiff stepped off the bottom step "into a hole about 10 inches long and about 6 inches wide, turned over (her) foot, and fell broadside." It was an "old hole" in the cement sidewalk. A witness who described the "crack" as "10 inches long and three or four inches wide" testified it had existed to his knowledge...

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