City of Lamesa v. Hutchinson

WALTER, Justice.

Myrtle Hutchinson, a widow, filed suit against the City of Lamesa for damages for the wrongful death of her husband, H. B. Hutchinson. The city pleaded contributory negligence, assumed risk, unavoidable accident and also pleaded it was engaged in the performance of a governmental function at the time of Hutchinson’s death and was, therefore, not responsible for the negligent acts of its agents and employees in the performance of said govermental functions. Based on the verdict and a stipulation of the parties, judgment was entered for the plaintiff for $29,400. The city has…