COMMERCE REALTY CO. v. McELVEY

No. 12404.

250 S.W.2d 931 (1952)

COMMERCE REALTY CO. v. McELVEY et al.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 16, 1952.


Attorney(s) appearing for the Case

Moursund, Ball, Moursund & Bergstrom, San Antonio, for appellant.

Arthur A. Domangue, Harold D. Putman, San Antonio, for appellee.


POPE, Justice.

Plaintiff, while walking along a public sidewalk abutting defendant's building, tripped on a metal covering as it was being pushed open by a sidewalk freight elevator that was rising from the basement. A jury convicted the building owner of negligence, and this is an appeal from a judgment in plaintiff's favor.

The Commerce Realty Company is the owner of the Aztec Building in San Antonio. The back of that building extends along the south side...

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