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KELLEY v. CITY OF AUSTIN

No. 10227.

268 S.W.2d 773 (1954)

KELLEY et ux. v. CITY OF AUSTIN.

Court of Civil Appeals of Texas, Austin.

May 19, 1954.

Attorney(s) appearing for the Case

Fred Niemann, Charles M. Babb, Austin, for appellants.

Hart, Brown, Sparks & Erwin, W. T. Williams, City Atty., Doren R. Eskew, Asst. City Atty., Austin, for appellee.

ARCHER, Chief Justice.

This is an appeal from an order of the 98th District Court sustaining a motion by the City of Austin for a summary judgment.

Appellants sued the City of Austin to recover damages for the wrongful death of their son, who was killed by electrocution while working as an employee of the City on September 18, 1952.

The City, appellee, filed a motion for summary judgment with an affidavit attached

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