Smith v. City of Dallas

YOUNG, Justice.

This is an appeal from a judgment sustaining general demurrer to the petition for bill of review of Russell E. Smith and wife, and the dismissal thereof on failure to amend. In 1932, plaintiffs’ daughter died of accidental gunshot wounds after being taken to Parkland Hospital for treatment, and a suit was later instituted against the City of Dallas and others for damages. On a hearing, their petition was held insufficient on general demurrer. The consequent appeal was, upon transfer, heard by the El Paso Court of Civil Appeals, where judgment was reversed and the suit remanded…