Page v. Scaramozi

POPE, Justice.

Eileen Scaramozi, a widow, individually and as next friend for her five minor children, sued Holland Page, and obtained judgment on a verdict. Page, under a contract with the State of Texas, had undertaken to remove and replace a culvert near the intersection of Elgin Street and Rigsby Avenue in San Antonio. He began excavations and pil.e.d the material in a portion of the intersection. Dominic Scaramozi, the plaintiff’s,husband, ran into the mound and died four hours later. Page contends that the court. should have instructed a verdict in his favor because he was under no legal…