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SMITH v. CITY OF PRESTON

No. 12295.

586 P.2d 1062 (1978)

99 Idaho 618

Don C. SMITH, Plaintiff-Appellant, v. CITY OF PRESTON, a municipal corporation, Defendant-Respondent.

Supreme Court of Idaho.

November 21, 1978.

Attorney(s) appearing for the Case

Vern E. Herzog, Jr., and Bruce S. Bistline of Herzog & Isley, Pocatello, for plaintiff-appellant.

W. Marcus W. Nye, Racine, Huntley & Olson, Pocatello, for defendant-respondent.

BAKES, Justice.

Plaintiff appellant Smith was injured and his automobile damaged in an accident in Preston, Idaho. Smith sued defendant respondent City of Preston claiming that the city's failure to properly maintain a stop sign was the cause of the accident. Smith appeals from a summary judgment in favor of the city, arguing that the district court erred (1) in allowing the city to amend its answer, and (2) in concluding that Smith had failed to comply with the notice...

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