City of Waco v. Diamond

I cannot agree to an affirmance of this judgment upon the filing of the remittitur as suggested in the majority opinion. The appellant reguested an instructed verdict in its behalf. The court refused the request. In my opinion the evidence was insufficient to justify a submission of the case to the jury. I have been unable to find any Texas cases discussing the liability of a city for injuries sustained by pedestrians by falling on ice or snow, but there are many cases from other jurisdictions discussing such liability.

The injury in this case did not occur on a sidewalk. It occurred in the…