Wedegartner v. Skoruppa

POPE, Justice.

This is an appeal from an order overruling appellant’s plea of privilege and pertains to Article 1995, § 4, Vernon’s Ann. Civ. Stats.

Appellees, William Skoruppa, his wife and minor daughter, at the plea of privilege hearing alleged and proved that on the moonless night of October 26, 1949, they were travelling along a public road in San Patricio County and approached a place where construction was in progress on a concrete bridge within an excavation. Because there were no barricades, flares, or other warning devices located at the approach to this structure to- warn the public…