City of Austin v. Ritz
Texas Supreme Court
Appeal from Travis. Tried below before Hon. A. S. Walker. This suit was brought by the appellee against the appellant, the City of Austin, in the District Court of Travis County on the 20th day of July, 1885, to recover damages for personal injuries alleged to have been sustained by plaintiff by being overturned while attempting to drive his spring wagon across a ditch or drain at the intersection of Mesquite and Trinity Streets, in the city of Austin, on the 6th day of…
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Appeal from Travis. Tried below before Hon. A. S. Walker. This suit was brought by the appellee against the appellant, the City of Austin, in the District Court of Travis County on the 20th day of July, 1885, to recover damages for personal injuries alleged to have been sustained by plaintiff by being overturned while attempting to drive his spring wagon across a ditch or drain at the intersection of Mesquite and Trinity Streets, in the city of Austin, on the 6th day of December, 1884. Plaintiff claimed damages in the sum of $30,000. The petition alleges that the ditch or drain in question…
1Opinion of the Court
Collard, Judge.
This suit was brought by the appellee against the appellant to recover damages for personal injuries alleged to have been sustained by plaintiff by being overturned while attempting to drive his spring wagon across a ditch at the intersection of Trinity and Mesquite Streets in the city of Austin.
Defendant excepted to the sufficiency of the petition because it was not alleged that the city had actual notice of the defective condition of the crossing, nor such facts as would amount to constructive notice of the same. The court overruled the exceptions and defendant has assigned…
2Cases cited9 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- City of Joliet v. VerleyIllinois Supreme Court · 1864
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- Phelps v. City of MankatoSupreme Court of Minnesota · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- City of Wichita Falls v. LipscombCourt of Appeals of Texas · 1932
- Herndon v. Salt Lake CityUtah Supreme Court · 1908
- Lone Star Gas Co. v. BallardCourt of Appeals of Texas · 1940
- St. Louis Southwestern Railway Co. v. BrownCourt of Appeals of Texas · 1902
- City of Grandview v. IngleCourt of Appeals of Texas · 1936
20 more not listed; retrieve them via the Exa API.