Kirkman v. Brown & Derby Mfg. Co.

BOND, Chief Justice.

This is a damage suit based on negligence. The alleged acts of negligence are (1) the defendants, three in number, jointly or severally, permitted and caused glass to be placed in a public alleyway, in disregard of the rights of the traveling public; and (2) in violation of Art. 889 of the 1920 Code of the City of Dallas, and of Art. 1347 of the Penal Code of Texas, making it a penal offense to throw glass into a public road, street or alley. At the conclusion of plaintiffs’ testimony, on motion of defendants, the cause was taken from the consideration of the jury and…