Ware v. Shafer & Braden
Texas Supreme Court
Bbbob to Court of Civil Appeals for Fifth District, in an appeal from Bexar County. Suit for damages for unlawfully, etc., placing obstructions upon sidewalk, to injury, etc. Plea, general denial and contributory negligence. Verdict and judgment for defendants, which was affirmed in the Court •of Civil Appeals.
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Bbbob to Court of Civil Appeals for Fifth District, in an appeal from Bexar County. Suit for damages for unlawfully, etc., placing obstructions upon sidewalk, to injury, etc. Plea, general denial and contributory negligence. Verdict and judgment for defendants, which was affirmed in the Court •of Civil Appeals. The petition for writ of error complained: “1. The Court of Civil Appeals erred in its opinion, in holding that this action is based alone upon the negligence of said defendants for their failure to perform a •duty in properly protecting the public from injury from the lawfully…
1Opinion of the Court
BROWN, Associate Justice.
—Ware sued Shafer & Braden to recover damages for personal injuries alleged to have been occasioned by an obstruction placed by them upon a sidewalk on Commerce street, in the city of San Antonio. Upon a trial before a jury a verdict and judgment were given against the plaintiff, and this judgment was affirmed by the Court of Civil Appeals.
The only question presented is, that the court erred in refusing to-give the following charge asked by the plaintiff: “You are instructed, that Commerce street was at the time of the alleged injury to plaintiff a public street and…
2Cited by15 opinions
- Erisman v. ThompsonTexas Supreme Court · 1943
- Snipes v. Bomar Cotton Oil Co.Texas Supreme Court · 1913
- Mulkey v. AllenTexas Commission of Appeals · 1931
- Lindsey v. StateCourt of Appeals of Texas · 1946
- Hurd v. Texas Brewing Co.Court of Appeals of Texas · 1899
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