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BROOKS v. CITY OF MIAMI

No. 63-396.

161 So.2d 675 (1964)

Princess D. BROOKS, Appellant, v. CITY OF MIAMI, a municipal corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 31, 1964.

Attorney(s) appearing for the Case

Joseph Rosenkrantz, Miami Beach, and Julius H. Erstling, So. Miami, for appellant.

John R. Barrett, City Atty., and John S. Lloyd, Asst. City Atty., for appellee.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.

TILLMAN PEARSON, Judge.

This appeal concerns itself with the question of whether the plaintiff is barred from prosecuting her claim against the City of Miami because of her failure to give notice as provided by the City Charter. We hold that the City is estopped, under the circumstances in this case, to assert the defense.

The plaintiff claimed that she was injured by falling into a water-meter hole which was alleged to have been negligently left uncovered...

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