Gray v. City of Orange

CLAYTON, Justice.

Appellants, plaintiffs below, filed this suit for damages against appellee, the City of Orange, arising from the death of Danny Lee Gray. The trial court granted the city’s motion for summary judgment from which appellants appeal.

*101The summary judgment proof consists of the pleadings and stipulation of the parties. It is established by such proof that on June 28, 1974, Danny Lee Gray, while employed as a city policeman, was killed while acting in the course and scope of his employment for the city; that at the time of the incident made the basis of this suit, the city was not…