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GARDNER v. CITY OF HOUSTON

No. 13275.

320 S.W.2d 715 (1959)

Malinda GARDNER, Appellant, v. CITY OF HOUSTON, Appellee.

Court of Civil Appeals of Texas, Houston.

February 5, 1959.

Attorney(s) appearing for the Case

Ralph Balasco, Houston, for appellant.

R. H. Burks, City Atty., Edgar Pfeil, Sr., Asst. City Atty., Houston, for appellee.

WERLEIN, Justice.

This suit was brought by appellant, Malinda Gardner, against the City of Houston to recover damages for personal injuries sustained by her when she stepped on the lid of a water meter box which gave way. Trial was before a jury. After appellant testified, appellee presented its motion to strike the notice of claim and to dismiss the cause of action because of a fatal variance between the notice of claim and the proof. The jury was retired while additional...

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