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KELLEY v. CITY OF AIKEN

18328

245 S.C. 503 (1965)

141 S.E.2d 651

Ester M. KELLEY, Respondent, v. The CITY OF AIKEN, Appellant.

Supreme Court of South Carolina.

April 8, 1965.

Attorney(s) appearing for the Case

Messrs. Henry Busbee, Frampton W. Toole, Jr., and Toole & Toole, all of Aiken, for Appellant.

Messrs. Benjamin Surasky, Robert E. Johnson and Williams & Johnson, all of Aiken, for Respondent.

April 8, 1965.

BUSSEY, Justice.

In this action plaintiff-respondent recovered a verdict for actual damages for personal injuries sustained as a result of stepping into a broken, depressed area in a sidewalk in the City of Aiken. Her right of recovery, if any, is predicated upon Section 47-70, 1962 Code of Laws, by the terms of which section she was required to prove not only negligence on the part of the municipality...

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