CITY OF BRAZIL v. SMITH

No. 1-980A232.

421 N.E.2d 4 (1981)

CITY OF BRAZIL, Indiana, Defendant-Appellant, v. Clifton SMITH, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied June 16, 1981.


Attorney(s) appearing for the Case

David D. Haynes, Brames, Bopp & Haynes, Terre Haute, for defendant-appellant.

Harry A. Siamas, Don C. Schmidt, Crawfordsville, for plaintiff-appellee.


ROBERTSON, Judge.

The City of Brazil appeals the judgment, at a trial by the court, which awarded damages of $13,105, plus interest, to the plaintiff, Clifton Smith, for work done in clearing snow from the City's streets during December, 1973, and January, 1974.

We affirm.

Heavy snowfall created an emergency situation in Brazil during late December, 1973, and early January, 1974. The Mayor contacted Smith, among others, to assist in snow removal because...

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