City of Amarillo v. Rust

HALL, Chief Justice.

This is the second appeal of this case. Upon the first appeal the judgment was reversed and the cause remanded, and the opinion appears in (Tex. Civ. App.) 45 S.W.(2d) 285. Since the first appeal the pleadings have been amended, but on page 288 of 45 S.W.(2d), there appears a plot showing the location of the ditch where the accident occurred with reference to South Houston street and East Fifteenth avenue, which by reference is made a part of this opinion.

The appellee was awarded $3,000 by the last judgment. The ease this time was tried upon the plaintiff’s second amended…