Bruflat v. City of Fort Worth

OPINION

LANGDON, Justice.

This is a personal injury suit initiated by Madeline P. Bruflat and her husband, W. M. Bruflat, to recover damages for injuries allegedly sustained by Mrs. Bruflat when she stepped in a hole on a parkway in a residential section of the City of Fort Worth and fell into the street, landing on her right elbow.

In order to prevail the plaintiffs (appellants) had the burden to plead, prove and obtain findings that (1) the defendant (City of Fort Worth) caused or created the dangerous condition (the hole), or (2) the defendant had actual knowledge of the existence of the…