City of Galveston v. Smith

HENRY, Associate Justice.

This suit was brought by the appellee to recover damages for personal injuries sustained by her caused by a defective covering of a culvert. Upon the verdict of a jury judgment was rendered in favor of the plaintiff for $600. Appellant contends that the court erred in refusing to give at its request the following-charge:

“ Notwithstanding the jury may believe from the evidence that the covering to the drain on which the plaintiff is alleged to have been injured had a loose plank thereon, and was by reason thereof defective, and that the injury to the plaintiff was the…