Gregory v. City of Garland

YOUNG, Justice.

Our opinion of October 2, 1959, is this day withdrawn and the following substituted in its stead:

The suit of appellants against this municipality was for damages allegedly resulting from a negligent maintenance of *871its sewer system in that sewage from the city line located at rear of their premises was permitted to “back-up” and overflow into said home. On answers of the jury to special issues, the trial court rendered a defendant’s judgment from which this appeal is taken.

Material allegations of plaintiffs and the city’s defenses thereto are reflected in jury issues and answer;…