City of Marshall v. McAllister

RAINEY, Associate Justice.

—This suit was brought by G. L. McAllister against the city of Marshall to recover damages for personal injuries and injury to personal property caused by a defective bridge which it is alleged the city had negligently failed to keep in repair.

During the pendency of the suit G. L. McAllister died, and his surviving wife and sole legatee made herself party plaintiff and prosecuted the suit. Upon trial of the cause plaintiff recovered, and the city appeals.

The first assignment complains of the court in overruling defendant’s plea in abatement; the ground urged in said…