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GREGORY v. CITY OF GARLAND

No. 15525.

333 S.W.2d 869 (1960)

Roy A. GREGORY et ux., Appellants, v. CITY OF GARLAND, Texas, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 11, 1960.

Attorney(s) appearing for the Case

Mullinax, Wells, Morris & Mauzy, Dallas, for appellants.

Wyatt W. Lipscomb, Garland, for appellee.

YOUNG, Justice.

Our opinion of October 2, 1959, is this day withdrawn and the following substituted in its stead:

The suit of appellants against this municipality was for damages allegedly resulting from a negligent maintenance of its sewer system in that sewage from the city line located at rear of their premises was permitted to "back-up" and overflow into said home. On answers of the jury to special issues, the...

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