Lebohm v. City of Galveston

While using a street in the City of Galveston, petitioner tripped on an obstruction therein and fell, sustaining injuries made the basis of this suit. By special exception, and otherwise, respondent interposed Section 47 of its Charter — a charter granted by special act of the Legislature in 1903 — as an absolute defense to petitioner’s suit for damages. The defenses were overruled and the case was submitted to a jury which made findings of negligence on the part of the City, proximate cause and damages, resulting in a trial court judgment for petitioner. Holding that the evidence was…