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BRASHER v. CITY OF BIRMINGHAM

SC 1959.

341 So.2d 137 (1976)

Cammie Olivia BRASHER et al. v. The CITY OF BIRMINGHAM, a Municipal Corp.

Supreme Court of Alabama.

December 30, 1976.

Attorney(s) appearing for the Case

William W. Smith, Birmingham, of Earl R. Peyton and Hogan, Smith & Alspaugh, Birmingham, for appellants.

Thomas P. Anderson, Birmingham, for appellee.

EMBRY, Justice.

The question before us in this case is whether failure to file a claim with the City Clerk of Birmingham, as required by Tit. 62, § 659, Code, under any set of circumstances, is fatal to the pursuit of negligence actions against the City. We hold it is not and reverse summary judgments in favor of the City.

Plaintiffs, the Brashers, filed suits against the City of Birmingham for damages on account of injuries allegedly received by Mrs...

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