Plaintiff Rose Chavis sustained injuries when the hopper of an incinerator chute came out of the wall, as she was disposing of garbage, and struck her. Plaintiffs conceded the absence of actual notice and relied upon the testimony of a neighbor that the hopper had become dislodged on one side, but never fell out completely, 6 or 12 times in the year prior to plaintiff's accident as a basis for finding constructive notice.
Such evidence was insufficient as a matter...
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