Bender v. City of Abilene

COLLINGS, Justice.

This suit was brought on December 9, 1950, by appellant, Yvonne Bender, against The City of Abilene for alleged personal injuries resulting from negligence on the part of the City in failing to keep a proper lid or cover in place on a water meter box. On January 23, 1951, the trial court, at the request of appellant’s attorney, entered an interlocutory default judgment in favor of Yvonne Bender and against the City of Abilene, which recited that the City, although duly served with process, failed to answer, but wholly made default.

On February 26, 1951, during an extension of…