FAWBUSH v. CARTER

No. 7383.

354 S.W.2d 649 (1962)

Ida Lou FAWBUSH, Appellant, v. Calvin CARTER, d/b/a Southland Concrete Company et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied March 13, 1962.


Attorney(s) appearing for the Case

Harkness & Friedman, Texarkana, for appellant.

Norman C. Russell: Atchley, Russell & Hutchinson, John D. Raffaelli: Raffaelli & Keeney, Texarkana, for appellees.


CHADICK, Chief Justice.

This is a common law tort action. The trial judge instructed a verdict for the defendants and entered a take nothing judgment. The judgment is affirmed in part and reversed and remanded in part.

After dark on June 7, 1961 Mrs. Ida Lou Fawbush, the appellant, fell into an open water line ditch on Fielden Street in Texarkana, as she started across the street to her parked automobile. The day before a ditch approximately 4 feet wide and...

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