City of Waxahachie v. Harvey

HALE, Justice.

Appellee sued appellant, a home rule city, for damages on account of personal injuries sustained by him when, on the night of May 28, 1949, he fell into a hole or ditch in a public sidewalk within the corporate limits of the city. As grounds of the recovery sought by him he alleged that his injuries and damages were proximately caused by the.negligence of appellant in permitting its sidewalk to remain in a defective condition and in failing to give proper warning of such defect. Appellant answered with, a general denial and certain affirmative defenses. The case was tried before…