City of Waco v. Ballard

On Motion for Rehearing.

There is one point in the motion for rehearing which we think calls for discussion. It is urged that the omission in the court’s main charge to require the jury to find negligence 'on the part of the defendant before authorizing a recovery for plaintiff was cured by the following special charge, given at the request of the defendant:

“You are instructed that the defendant herein would only be liable to the plaintiff for an unsafe and dangerous condition of the sidewalk in question if defendant, in. keeping said sidewalk or steps in repair, as it is required to do under…