City of Waco v. Fenter

ALEXANDER, Justice.

This suit was brought by Ben Fenter against the city of Waco for damages for personal injuries. A trial before a jury resulted in a verdict and judgment for plaintiff. The defendant appealed. ■

Plaintiff received his injuries as a result of falling into a manhole in a sewer line in one of the alleys of the city. On the morning of April 7th, the city trash truck backed into the manhole and crushed the temporary or inadequate covering thereon. There is a dispute in the evidence as to whether the hole was re-covered at that time. The city employees testified that they…