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ROGERS v. MOUNTAIN STATES TELEPHONE & TELEGRAPH CO.

1 CA-CIV 17.

1 Ariz. App. 374 (1965)

403 P.2d 309

J. Del ROGERS, a minor, by and through his Guardian ad Litem, Kay Rogers, Appellant, v. The MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, a Colorado Corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied September 2, 1965.

Attorney(s) appearing for the Case

Favour & Quail, by John M. Favour, Prescott, Charles M. Brewer, Phoenix, for appellant.

Fennemore, Craig, Allen & McClennan, by Linwood Perkins, Jr., Phoenix, for appellee.

STEVENS, Chief Judge.

The minor plaintiff, who is the appellant, filed suit against The Mountain States Telephone & Telegraph Company for personal injuries arising out of a fall into a hole which the defendant had dug in a parkway in the City of Prescott. The parkway is within the dedicated street and is that area between the sidewalk and the roadway. The jury returned a verdict for $100,000.00. Judgment was entered thereon. The trial court granted the defendant...

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