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FRENCHY v. CITY OF SCOTTSBLUFF

No. 35976.

138 N.W.2d 30 (1965)

179 Neb. 324

Avis Ann FRENCHY, Appellant, v. CITY OF SCOTTSBLUFF, Appellee.

Supreme Court of Nebraska.

November 19, 1965.

Attorney(s) appearing for the Case

Wright, Simmons & Hancock, Scottsbluff, for appellant.

Holtorf, Hansen, Fitzke & Kortum, Gering, Loren G. Olsson, Scottsbluff, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

SMITH, Justice.

Plaintiff stumbled over loose gravel on a paved crosswalk of defendant city. In falling she suffered personal injuries, which are the basis of this negligence action. On defendant's motion for summary judgment her petition was dismissed. We affirm the judgment because in a trial on the merits she would be unable to raise a factual issue of negligence.

The accident occurred at about 1:45 p. m. on November...

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