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CHAMBERS v. CITY AND COUNTY

No. 4388.

48 Haw. 539 (1965)

406 P.2d 380

EARLENE CHAMBERS v. THE CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION v. BERNICE MIYASATO.

Supreme Court of Hawaii.

October 7, 1965.

Attorney(s) appearing for the Case

David H.C. Lee, Deputy Corporation Counsel (Stanley Y.F. Ling, Corporation Counsel, and Raymond J. Tam, Deputy Corporation Counsel, with Corporation Counsel on reply brief), for defendant-third party plaintiff-appellant.

Yoshio Shigezawa (Walter G. Chuck on the brief) for third party defendant-appellee.

Harriet Bouslog (also on the brief) for plaintiff-appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY MIZUHA, J.

On October 31, 1958, at or about 7:00 P.M., plaintiff-appellee Earlene Chambers, while walking on the road shoulder on the mauka (north) side of Kapiolani Boulevard on which the Donald Duck Drive Inn at 2840 Kapiolani Boulevard fronts, fell and injured herself because of a depression or hole in the pavement.

The plaintiff filed suit on September 29, 1959, against the defendant-appellant...

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