City of Port Arthur v. Wallace

Mr. Judge Hickman

of the Commission of Appeals delivered the opinion for the Court.

In the trial court J. C. Wallace for himself and as next friend for his minor son, Jack Wallace, was awarded damages against the City of Port Arthur for personal injuries sustained by the minor in a collision between a fire truck belonging to the City and an automobile in which the minor was riding. The trial court’s judgment was affirmed by the Court of Civil Appeals, one of the justices dissenting. 167 S. W. (2d) 549.

The theory upon which the suit was prosecuted and the judgment rendered was that the City…