PENNY v. CITY OF TEXARKANA

No. 7702.

400 S.W.2d 797 (1966)

Birdie Mae PENNY et vir, Appellants, v. CITY OF TEXARKANA, Texas, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied March 29, 1966.


Attorney(s) appearing for the Case

William A. Barber, Jr., Texarkana, for appellants.

William E. Wiggins, Texarkana, for appellee.


CHADICK, Chief Justice.

This is a common law negligence action. The judgment of the trial court is reversed and the case remanded.

In the district court, after the plaintiff Birdie Mae Penny tendered evidence in support of her suit to recover damages for personal injury, the defendant, City of Texarkana, Texas, moved the trial judge to direct the jury to return a verdict for the city. The motion was granted and thereafter judgment was entered that Birdie Mae...

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