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TOLBERT v. GULSBY

SC 1220.

333 So.2d 129 (1976)

Gary R. TOLBERT, a minor, et al. v. Bruce H. GULSBY et al.

Supreme Court of Alabama.

May 28, 1976.

Attorney(s) appearing for the Case

Braxton L. Kittrell, Jr., Mobile, for appellants.

Fred W. Killion, Jr., Mobile, for appellees.

HEFLIN, Chief Justice.

This case is an appeal from the granting of summary judgment in favor of defendants below. The action arose on four counts alleging liability based on (1) negligence, (2) wantonness, (3) presence of attractive nuisance on defendant's premises and (4) presence of a dangerous instrumentality.

The undisputed facts are that plaintiff Gary R. Tolbert, a six-year-old, was shot in the eye by another...

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