City of Austin v. Schlegel

Max B. Sdhlegel, in this case, shed the city of Austin for damages growing out of personal injuries sustained by him in a fall from a fire hose wagon, alleging that the fall was occasioned by a jolt of the wagon as it ran over a hole in the street upon which it was proceeding to a fire. The general demurrer of the city to his petition was overruled 'by the trial court, as were the grounds of his motion for new trial to the effect that there was no evidence that the defect in the street was the cause of the injuries. Both actions of the trial court were sustained by the Court of Civil Appeals…