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CITY OF MONTGOMERY v. JONES

3 Div. 36.

173 So.2d 781 (1965)

CITY OF MONTGOMERY v. Nellie JONES.

Supreme Court of Alabama.

Rehearing Denied April 22, 1965.

Attorney(s) appearing for the Case

Thos. F. Parker, Parker & Salmon, Montgomery, for appellant.

Truman Hobbs, Godbold, Hobbs & Copeland, Montgomery, for appellee.

LAWSON, Justice.

This suit was filed in the Circuit Court of Montgomery County by Nellie Jones against the City of Montgomery and D. H. Hammond, doing business as Hammond Heating & Plumbing Company, to recover damages for personal injuries which plaintiff sustained when she stepped into a hole in a sidewalk.

Plaintiff's amended complaint consisted of two counts, A and B. In Count A the plaintiff charged each defendant with creating the hole in the sidewalk...

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