Gardner v. City of Houston

WERLEIN, Justice.

This suit was brought by appellant, Malinda Gardner, against the City of Houston to recover damages for personal injuries sustained by her when she stepped.on the lid of a water meter box which gave way. Trial was before a jury. After appellant testified, appellee presented its motion to strike the notice of claim and to dismiss the cause of action because of a fatal variance between the notice of claim and the proof. The jury was retired while additional evidence was introduced before the court on said motion. From an order sustaining appellee’s motion to strike and dismiss,…