City of San Antonio v. Wildenstein

NEILL, Associate Justice.

— This is a suit by the appellee against appellant to recover damages for personal injuries caused by the latter’s negligence in failing to keep one of its streets in proper repair; a hole being in its sidewalk, in which plaintiff stepped and was injured.

In her original petition, which was filed September 24, 1902, there is an absence of any allegation to show whether she was married or single when the accident occurred, or at the time the suit was brought. There is also an absence of such an allegation in her first amended original petition, which was filed April 1,…