PEDDYCOART v. CITY OF BIRMINGHAM

79-628.

392 So.2d 536 (1980)

Floyd PEDDYCOART, Vera Peddycoart, and Charlotte Peddycoart v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

December 24, 1980.


Attorney(s) appearing for the Case

R. B. Jones, Jones & Monroe, Birmingham, for appellants.

Herbert Jenkins, Jr., Milford G. Bass, Jr., Birmingham, for appellee.


BEATTY, Justice.

In an earlier decision in this case this Court reversed the trial court, which had granted a motion to dismiss, and the case was remanded. Peddycoart v. City of Birmingham, Ala., 354 So.2d 808 (1978). It is before us once again following a directed verdict for the defendant.

We quote from the appellants' brief for the two issues they present and which we will address:

I

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