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HAWKS v. CITY OF WESTMORELAND

960 S.W.2d 10 (1997)

Tracy HAWKS and Dale Hawks, Plaintiffs-Appellees, v. CITY OF WESTMORELAND, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

December 31, 1997.

Attorney(s) appearing for the Case

Bruce N. Oldham, Oldham & Dunning, LLC, Gallatin, for Plaintiffs-Appellees.

J. Russell Farrar, Deborah R. Sowell, Farrar & Bates, Nashville, for Defendant-Appellant.

OPINION

DROWOTA, Justice.

The primary issue in this appeal is whether the City of Westmoreland had "constructive notice" of the dangerous and defective condition of the fire hydrants which resulted in the total fire loss of the home of the plaintiffs, Tracey and Dale Hawks. Finding that the inoperable fire hydrants would have been discovered had the City performed an adequate inspection, the lower courts charged the City with constructive notice of the dangerous...

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