CITY OF SAN ANTONIO v. ESQUIVEL

No. 3644.

349 S.W.2d 295 (1961)

CITY OF SAN ANTONIO, Appellant, v. Homer ESQUIVEL et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 15, 1961.


Attorney(s) appearing for the Case

Carlos C. Cadena, City Atty., San Antonio, for appellant.

Arthur A. Domangue, San Antonio, for appellee.


WALTER, Justice.

This is a damage suit by Homer Esquivel, individually, and as next friend for his minor daughter, Teresa, against the City of San Antonio for injuries sustained by the minor when a city sidewalk collapsed while she was walking on it. In a non-jury trial, the court rendered judgment in favor of the Esquivels for $3,000.

The City has appealed, contending the evidence shows conclusively that plaintiff's damages resulted from an unavoidable accident...

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