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CITY OF NICHOLASVILLE v. SCOTT

388 S.W.2d 612 (1965)

CITY OF NICHOLASVILLE, Appellant, v. Ruth SCOTT, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 23, 1965.

Attorney(s) appearing for the Case

James F. Clay, Danville, John S. Deering, Nicholasville, for appellant.

William H. McCann, Brown, Sledd & McCann, Lexington, for appellee.

STEWART, Judge.

This appeal is from a judgment awarding Ruth Scott damages of $5000 against the City of Nicholasville (herein referred to as "the city") for personal injuries she suffered in falling on a city sidewalk.

The city claims: (1) It was not negligent in the maintenance of the particular sidewalk; and (2) the injured person failed to exercise proper care to avoid the accident.

Appellee is a practical nurse, 59 years of age, who has resided...

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