Fawbush v. Carter

CHADICK, Chief Justice.

This is a common law tort action. The trial judge instructed a verdict for the defendants and entered a take nothing judgment. The judgment is affirmed in part and reversed and remanded in part.

After da'rk on June 7, 1961 Mrs. Ida Lou Fawbush, the appellant, fell into an open water line ditch on Fielden Street in Tex-arkana, • as she started across the street to her parked automobile. The day before a ditch approximately 4 feet wide and 5 feet deep had been opened the whole length of the street^ n'ear to and parallel with the street’s east curb line. In crossing, when…