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CITY OF LUBBOCK v. CEMENT & SUPPLY COMPANY

No. 7410.

384 S.W.2d 779 (1964)

CITY OF LUBBOCK, Appellant, v. CEMENT & SUPPLY COMPANY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied December 14, 1964.

Attorney(s) appearing for the Case

Fred O. Senter, Jr., City Atty., Don Reed and Bob D. Slough, Asst. City Attys., Lubbock, for appellant.

Key, Carr & Clark, Lubbock, for appellee.

NORTHCUTT, Justice.

This suit was instituted by Cement & Supply Company, hereinafter referred to as appellee, against the City of Lubbock, hereinafter referred to as appellant, contending appellant was negligent in failing to refill a waterline ditch in a proper and prudent manner and in failing to place warning signs or devices at the ditch after it was filled.

Mr. Hudson, appellee's employee, was driving a crane carrier truck with a Rex Mixer attached...

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