Crain v. Hill County

HALL, Justice.

In March 1978, plaintiff-appellant J. W. Crain was driving his pickup truck on a public county gravel road owned and maintained by defendant-appellee Hill County, Texas, when the front of the truck fell into a washout which spanned the full width of the roadway across the top of a culvert where the road crossed over a creek. The washout was caused by flood waters resulting from a rain during the night prior to the accident which flowed over the culvert and washed away the roadbed. Plaintiff was the first person to travel the road after the washout.

Plaintiff alleged that he…