City of Waco v. Criswell

TIREY, Justice.

This is a suit for damages against the-City of Waco for personal injuries to T. T. Criswell, who was plaintiff below. Plaintiff’s cause of action was based on the alleged negligence of the city in its relation to the construction and maintenance of a drainage ditch or storm sewer within the traveled portion of South 3rd Street in the city limits. The case was submitted to a jury upon special issues and resulted in verdict and judgment for the plaintiff.

The evidence disclosed that South 3rd Street from curb to curb is 44 feet and .that the same is ’squeegeed. At a point 56 feet…