Ivey v. City of Temple

PHILLIPS, Chief Justice.

This is a suit for damage done to appellant’s property due to the “backing up” of a sanitary sewage line owned by the ap-pellee, City of Temple, onto the property belonging to appellant.

The trial court granted appellee’s Motion for Summary Judgment apparently on the theory of appellee’s immunity for a governmental function.

Appellant has perfected her appeal to this Court.

Appellant pleaded in the trial court that the City “constructed and maintained said sanitary sewer in such a manner as to allow said leakage and resulting flooding on plaintiff’s property with sewage”…