Gotcher v. City of Farmersville

BOND, Chief Justice.

Olin Gotcher, acting for himself and wife, instituted this suit in the District Court of Collin County, Texas, against the City of Farmersville, a municipal corporation, to recover damages for the death of their minor child, resulting from alleged negligence of the City in the construction and maintenance of a cesspool for disposal of city sewerage, operated for the exclusive benefit of the inhabitants of the City who may avail themselves of such service by payment of a specific charge. The trial court sustained the City’s general demurrer to plaintiffs’ petition, and,…