Penny v. City of Texarkana

CHADICK, Chief Justice.

This is a common law negligence action. The judgment of the trial court is reversed and the case remanded.

In the district court, after the plaintiff Birdie Mae Penny tendered evidence in support of her suit to recover damages for personal injury, the defendant, City of Texarkana, Texas, moved the trial judge to direct the jury to return a verdict for the city. The motion was granted and thereafter judgment was entered that Birdie Mae Penny take nothing.

The City of Texarkana, as appellee, urges affirmance of the trial court’s judgment on two basic propositions, first,…