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CITY OF AMARILLO v. STOCKTON

No. A-6548.

310 S.W.2d 737 (1958)

CITY OF AMARILLO, Petitioner, v. S. G. STOCKTON, dba Stockton Construction Company, Respondent.

Supreme Court of Texas.

March 12, 1958.

Attorney(s) appearing for the Case

Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, by J. Hadley Edgar, Jr., Amarillo, for City of Amarillo.

Sanders, Scott, Saunders & Smith, Amarillo, by E. R. Finney, Amarillo, for Johnny Gray.

Culton, Morgan, Britain & White, Amarillo, for S. G. Stockton.

CULVER, Justice.

The City of Amarillo let to S. G. Stockton a contract for the excavation of a trench along and within the street and the laying therein of a sanitary sewer line. During the course of the work by the contractor a cave-in occurred. Johnny Gray sued the city for damages to his building located on land abutting the street caused, as he asserts, by the loss of lateral support. He alleged that the city's liability for this damage arose out of the constitutional...

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