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CITY OF HARTSELLE v. KILPATRICK

Civ. 287.

292 So.2d 121 (1974)

The CITY OF HARTSELLE, a municipal corporation v. Troy KILPATRICK.

Court of Civil Appeals of Alabama.

March 20, 1974.

Attorney(s) appearing for the Case

Caddell, Shanks, Harris, Moores & Murphree, Decatur, for appellant.

Dieter J. Schrader, Huntsville, for appellee.

Drayton N. Hamilton, Montgomery, for Alabama League of Municipalities, amicus curiae.

HOLMES, Judge.

From the Circuit Court of Morgan County, defendant-appellant City of Hartselle appeals from a general verdict and judgment rendered by the trial judge in the amount of $1,500 in favor of plaintiff-appellee Troy Kilpatrick. The case went to trial on three counts. Count A claimed damages for trespass resulting from the cutting of a tree; Count B claimed damages for cutting a tree, plus it alleged an intentional cutting; and Count C claimed damages for...

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