City of Waco v. Thompson

GEORGE, Justice.

This is a suit by Frank Thompson against the city of Waco to recover damages for personal injuries which he alleged he received as a direct result of the negligence of the city’s employees. • Judgment was rendered. by the trial court on the jury’s findings for Frank Thompson, and the city appealed.

Appellant contends ,(1) that the pleadings of appellee and the undisputed evidence show that appellant in constructing the storm sewer or drainage ditch was .engaged in the performance of a purely governmental function; (2) that the trial court erred in sustaining appellee’s…