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KINARD v. CITY OF JENNINGS

No. 1673.

184 So.2d 570 (1966)

Edward KINARD et al., Plaintiff and Appellant, v. CITY OF JENNINGS, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 22, 1966.

Attorney(s) appearing for the Case

Bass & Lawes, by Eugene H. Lawes, Lake Charles, for plaintiff-appellant.

Grenese R. Jackson, Jennings, for defendant-appellee.

Before TATE, SAVOY and CULPEPPER, JJ.

CULPEPPER, Judge.

Mr. and Mrs. Edward Kinard filed this suit against the City of Jennings for damages sustained when their automobile, being driven by Mrs. Kinard, struck a manhole which allegedly protruded 6 inches above the gravel street. The district judge sustained defendant's exception of no cause of action and dismissed plaintiffs' suit. Plaintiffs appealed.

It is well settled that in considering an exception of no cause of action all well pleaded facts...

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