Loftus v. City of Austin

Magney, Commissioner.

On July 26, 1956, Stanley Pyburn, an employee of defendant city of Austin, was operating a water flusher on one of the streets of said city. Steven John Loftus, 6 years of age, was run over by the right-hand rear wheel of the flusher and killed. Action was brought against both Pyburn and the city. The jury exonerated Pyburn and returned a verdict in favor of plaintiff and against the city of Austin only. Judgment was entered, and the city appeals therefrom.

A number of claims of negligence were asserted against defendant *524Pyburn. As the jury returned a verdict in his favor,…