City of Austin v. Selter

PHILLIPS, Chief Justice.

Anna M. Selter, the appellee here, brought suit against the City of Austin for negligence in the drowning death of her son Michael Selter, at Barton Springs swimming pool in Austin, Texas. Trial was to a jury and judgment was for appellee.

We affirm.

It was a bright sunny day when this tragedy occurred. Previously, heavy rains had caused the water running down Barton Creek to back up behind the upper dam at Barton Springs pool. There are four openings in this dam covered by iron bars spaced a few inches apart. Due to the high water in the upper creek, these openings had…