City of San Antonio v. Talerico
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an-appeal from Bexar County. Talerico sued the city for damages and the latter made the orphan asylum a party to its plea to be indemnified by the latter against plaintiff’s recovery. Demurrers on behalf of the orphan asylum were sustained to defendant’s plea against it, and plaintiff recovered against the city. The judgment being affirmed on appeal, the city obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
Willie Talerico, one of the defendants in error, brought this action against the city to recover damages for personal injuries received by him in stepping in a hole which the city had negligently allowed to exist in a sidewalk on one of its streets. The city caused the St. Joseph’s Orphan Asylum to be made a party defendant and sought judgment over against it in case plaintiff recovered. The pleading by which this was done appears to be full and specific in all its allegations. It will be sufficient for the purposes of this opinion to state that such pleading…
2Cases cited6 opinions
- Wilson v. JohnsonTexas Supreme Court · 1900
- Porter & McMillan v. Burkett, Murphy & BurnsTexas Supreme Court · 1886
- City of San Antonio v. Smith & Hildebrand & HamiltonTexas Supreme Court · 1900
- de Everett v. HenryTexas Supreme Court · 1887
- Browne v. JohnsonTexas Supreme Court · 1867
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