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COLLINS v. CITY OF MEMPHIS

No. 4373.

16 F.Supp. 204 (1936)

COLLINS v. CITY OF MEMPHIS et al.

District Court, W. D. Tennessee, W. D.

August 31, 1936.

Attorney(s) appearing for the Case

Fitzhugh, Murrah & Fitzhugh, of Memphis, Tenn., for plaintiff.

William Gerber, City Atty., and Abe D. Waldauer, Asst. City Atty., both of Memphis, Tenn., for defendant City of Memphis.

MARTIN, District Judge.

The defendants, city of Memphis and its board of water commissioners, have filed a motion to dismiss an action brought by the plaintiff for damages for personal injuries for failure of plaintiff to allege in her declaration that notice of injury was given to the city of Memphis as required by chapter 55 of the Public Acts of the General Assembly of Tennessee for 1913 (section 8596, Code Tenn.1932).

The declaration avers that, while...

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