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SMITH v. CITY OF DALLAS

No. 16736.

404 S.W.2d 839 (1966)

G. P. SMITH et ux., Appellants, v. The CITY OF DALLAS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 8, 1966.

Attorney(s) appearing for the Case

Harris, Anderson, Henley, Shields & Rhodes and C. A. Searcy Miller, Dallas, for appellants.

Strasburger, Price, Kelton, Miller & Martin, W. M. Taylor, Jr., and Robert Keith Drummond, Dallas, for appellee.

BATEMAN, Justice.

The appellants G. P. Smith and wife sued for damages on account of injuries sustained by Mrs. Smith on April 6, 1964, while a passenger in a bus owned and operated by the City of Dallas. Appellee filed a "Plea in Bar and Abatement" praying that the suit be abated, barred and dismissed because of appellants' failure to give the written notice required by Section 307 of the City's charter. The trial court held a preliminary hearing of this plea, at...

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