Rowe v. City of Temple

KEITH, Justice.

Plaintiff appeals from a take-nothing judgment entered after the trial court sustained defendant’s motion for peremptory instruction at the close of plaintiff’s evidence. Having withdrawn the case from the jury, the trial court likewise sustained defendant’s motion for summary judgment because of plaintiff’s failure to comply with the notice requirement in the city charter.

Plaintiff sued the City of Temple for damages caused by the backup of raw sewage into his house on February 28, 1972, predicating his recovery upon the theories of nuisance and constitutional taking.…