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CITY OF LAMESA v. HUTCHINSON

No. 3551.

336 S.W.2d 861 (1960)

CITY OF LAMESA, Appellant, v. Myrtle HUTCHINSON, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 8, 1960.

Attorney(s) appearing for the Case

R. Stansell Clement, Lamesa, Vaughn Wilson, Lubbock, for appellant.

Huff, Splawn & Bowers, Lubbock, for appellee.

WALTER, Justice.

Myrtle Hutchinson, a widow, filed suit against the City of Lamesa for damages for the wrongful death of her husband, H. B. Hutchinson. The city pleaded contributory negligence, assumed risk, unavoidable accident and also pleaded it was engaged in the performance of a governmental function at the time of Hutchinson's death and was, therefore, not responsible for the negligent acts of its agents and employees...

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