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HAMMOND v. REALTY LEASING, INC.

SC 2719, SC 2720 and SC 2736.

351 So.2d 893 (1977)

Marlin E. HAMMOND, as Administrator, etc. v. REALTY LEASING, INC., et al. (two cases). In re Marlin E. HAMMOND, as Administrator, etc., et al. v. REALTY LEASING, INC., etc. Ex parte Marlin E. Hammond, as Administrator, etc., Application for Writ of Mandamus.

Supreme Court of Alabama.

November 10, 1977.

Attorney(s) appearing for the Case

Francis H. Hare, Jr. for Hare, Wynn, Newell & Newton, Birmingham, and Farmer, Farmer & Price, Dothan, for appellant-petitioner.

Jere C. Segrest, Dothan, for appellee-respondent.

FAULKNER, Justice.

Two minor children of Marlin E. Hammond, while playing in a vacant lot without the invitation of the defendant property owner, drowned in a pond. The plaintiff's original complaint, alleging simple negligence, was dismissed with leave to amend within ten days by the Houston Circuit Court. Instead of pursuing his option to amend, the plaintiff perfected appeal to this court. On February 25, 1977, this court affirmed the dismissal. Hammond v. Realty...

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