Schawe v. Leyendecker

Plaintiff in error, H. H. Schawe, hereinafter 'designated appellant, sued< Robert Leyendecker, defendant in error, 'hereinafter designated, appellee, for $1,-400 as damages to appellant’s automobile, alleged to have been sustained while he was driving it along Bois d’Arc street within the city limits of the city of Lockhart, Tex., across which street appellee had dug a ditch for the purpose of laying a sewer pipe for the Lockhart Sanitarium.

The specific allegation of negligence on the part of appellee was that he had dug the ditch across the street and had piled the dirt from said ditch along…