McFadden v. Cecil Ruby Co.

OPINION

McDONALD, Chief Justice.

This is an appeal from a summary judgment that plaintiff take nothing in a negligence case.

Plaintiff McFadden sued defendant Ruby Company, alleging defendant Ruby Company failed to remove a curb remnant from the R. L. Thornton Expressway in such a manner as to permit the safe passage of vehicular traffic over the freeway; that the automobile in which plaintiff was a passenger struck the curb remnant, and was caused to turn over, causing injury to plaintiff.

Defendant answered by general denial.

Defendant moved for summary judgment and later filed its second motion…