Gay v. City of Hillsboro

DENTON, Justice.

Petitioners have perfected this appeal from a take nothing summary judgment in this suit for personal injuries against the City of Hillsboro for alleged negligence in failing to keep a street in reasonable repair. The court of civil appeals held that it was the burden of the petitioners to bring forward depositions relied upon by the trial court in granting summary judgment; and that in the absence of the depositions, the court would presume that the omitted depositions establish the correctness of the judgment. 536 S.W.2d 425. We reverse and remand the cause to the court of…