Artco-Bell Corp. v. City of Temple

SHANNON, Justice.

The opinion of this Court handed down on July 16,1980, is withdrawn, and the following opinion replaces it.

This is an appeal from an order granting summary judgment in a municipal tort case. Appellant Artco-Bell Corporation sued ap-pellee City of Temple in the district court of Bell County in negligence for damages to its truck resulting from that vehicle’s collision with a tree limb hanging over a city street.

Appellant pleaded that on April 16, 1979, its truck hit a large tree limb overhanging North Third Street in Temple. Appellant claimed, “[t]he tree was growing on…