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HUBBARD v. CITY OF NASHVILLE

369 S.W.2d 540 (1963)

Frank HUBBARD, Plaintiff in Error, v. CITY OF NASHVILLE, Defendant in Error.

Supreme Court of Tennessee.

July 15, 1963.

Attorney(s) appearing for the Case

Sam E. Wallace and Charles Galbreath, Nashville, for plaintiff in error.

Walter C. Leaver, Jr., Asst. City Atty., Nashville, for defendant in error.

HOLMES, Justice.

This is an action for damages for injuries alleged to have been sustained by the plaintiff in error as a result of an alleged defect in a brick sidewalk on 5th Avenue, North near Taylor Street in the City of Nashville. Among other defenses set up in the plea of the defendant City was a plea that the plaintiff "has failed to have served upon the Mayor of the defendant City of Nashville, the written notice stating the time and place where said injury...

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