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CITY OF TUCSON v. WONDERGEM

No. 2 CA-CIV 647.

10 Ariz. App. 267 (1969)

458 P.2d 361

The CITY OF TUCSON, a municipal corporation, Appellant, v. Jennie WONDERGEM, surviving spouse of Peter Wondergem, deceased, Appellee.

Court of Appeals of Arizona.

Rehearing Denied October 10, 1969.

Review Granted November 18, 1969.

Attorney(s) appearing for the Case

Enos P. Schaffer, City Atty., City of Tucson, by Frederick S. Dean, Asst. City Atty., for appellant.

Rees, Estes & Browning, by William D. Browning, Tucson, for appellee.

MOLLOY, Chief Judge.

This is a second appeal from a wrongful death action brought against the City of Tucson for a death arising out of the flooded condition of a public street after a heavy rain on October 22, 1961. Previously, this court, City of Tucson v. Wondergem, 6 Ariz.App. 570, 435 P.2d 77 (1967), affirmed the granting of a new trial for the reason that an "act of God" instruction...

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