Bowling v. City of Port Arthur

KEITH, Justice.

We withdraw our prior opinion filed February 20, 1975 and substitute this opinion in lieu thereof.

Plaintiffs below appeal from a summary judgment entered in favor of the defendant, City of Port Arthur, and we will designate the parties as they appeared in the trial court. Plaintiffs sued for damages proximately caused by city’s negligence in the operation of its sanitary sewer system. Plaintiffs alleged that they gave written notice of the happening within the time required by the charter of the city, that the city manager duly acknowledged receipt of the notice, that city…