Kling v. City of Austin

McCLENDON, Chief Justice.

This is a damage suit against the city of Austin for injuries to person and property caused by appellant’s automobile running onto a “fire plug and hydrant” on Fourteenth street in that city. The appeal is from a judgment in favor of the city upon a verdict, directed, upon the city’s motion, at the close of appellant’s evidence.

The two-year statute of limitations (Rev. St. 1925, art. 5526) is urged, predicated upon the proposition that a trial amendment to the amended petition, upon which the cause was tried (filed more than two years after the cause of action arose),…