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SMITH v. CITY OF NEW ORLEANS

No. 89-CA-0432.

557 So.2d 377 (1990)

Cardelia SMITH v. The CITY OF NEW ORLEANS and the Sewerage and Water Board of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

January 30, 1990.

Attorney(s) appearing for the Case

Charles G. Smith, Michael A. Fenasci, Fenasci & Smith, New Orleans, for plaintiff-appellee.

Philip C. Ciaccio, Jr., Asst. City Atty., Val K. Scherich, III, Don J. Hernandez, Deputy City Attys., Harold D. Marchand, Sewerage & Water Bd. of New Orleans, New Orleans, for defendants-appellants.

Before LOBRANO, WARD and WILLIAMS, JJ.

WILLIAMS, Judge.

Defendants, City of New Orleans (the City) and the Sewerage and Water Board of New Orleans (S & WB), both appeal a judgment of the trial court which found each 50% liable for damages sustained by plaintiff, Cardelia Smith, when she stepped into a hole on the sidewalk in the 700 block of Common Street in New Orleans. The hole was located just behind and directly adjacent to a drainage catch basin. The S & WB assigns as error 1) the trial court...

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