Lottman v. Cuilla

This suit was instituted by Nellie Mae Cuilla ■ against E. J. Lottman to recover damages for personal injuries from a fall over a defective sidewalk in front of certain property alleged to belong to the defendant Lottman in the city of Houston. A very full statement of the case is made by the Court of Civil Appeals in its opinion affirming the judgment of the district court (279 S. W. 519), and only such statement will be made here as is necessary to an understanding of the questions decided by us.

During the argument to the jury, Mr. De Lange, counsel for* the defendant, stated that the…