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KELLEY v. ALEXANDER

No. 14387.

392 S.W.2d 790 (1965)

Selma KELLEY et vir, Appellants, v. Mrs. Helen C. ALEXANDER, d/b/a Beekman's Roto-Rooter Sewer Service, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 6, 1965.

Attorney(s) appearing for the Case

Reid & Taylor, San Antonio, for appellants.

Clemens, Knight, Weiss & Spencer, Edward R. Finck, Jr., San Antonio, for appellee.

BARROW, Justice.

This appeal relates to the volenti non fit injuria concept of assumed risk. Plaintiffs, Selma Kelley and husband, John Kelley, appeal from a summary judgment granted defendant, Mrs. Helen C. Alexander, d/b/a Beekman's Roto-Rooter Sewer Service, in a suit to recover damages sustained by plaintiff Mrs. Kelley when she fell in a hole in her yard which had been dug by defendant's employees. The motion for summary judgment was based on the pleadings and...

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