Fruge v. James

WALKER, Chief Justice.

On the 2d day of October, 1936, appellees, James & Baxter, were repairing a brick building in the city of Port Arthur, Jefferson county, that abutted upon a paved alley, running across the block from Waco street to Austin street. This was a public alley, used by the public generally and by the tenants of the abutting buildings. To remove the waste brick from the second story of the building appellees constructed a chute from a window in the second story across the ‘alley to the pavement on the opposite side from the building. Occasionally, a brick would be thrown from,…