Simpson v. City of Abilene

WALTER, Justice.

Buel Gene Simpson, individually and as next friend for his seven year old son Michael, filed suit against the City of Abilene and Herman Benjamin Smith to recover damages for personal injuries sustained by the minor on or about October 31, 1958, as a result of being run over by a pickup truck owned by the city while being driven by Smith.

The city answered that the plaintiffs’ claims were barred by the two year statute of limitation. It also answered that plaintiffs had failed to comply with the city’s ordinances requiring the injured person or someone in his behalf to give the…