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CITY OF AUSTIN v. SELTER

No. 11474.

415 S.W.2d 489 (1967)

CITY OF AUSTIN, Appellant, v. Anna M. SELTER, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 24, 1967.

Attorney(s) appearing for the Case

Doren R. Eskew, City Atty., Dudley Fowler, Don R. Butler, James A. Brady, Asst. City Attys., Austin, for appellant.

Byrd, Davis, Eisenberg & Clark, Tom H. Davis, Harley Clark, Jr., Austin, for appellee.

PHILLIPS, Chief Justice.

Anna M. Selter, the appellee here, brought suit against the City of Austin for negligence in the drowning death of her son Michael Selter, at Barton Springs swimming pool in Austin, Texas. Trial was to a jury and judgment was for appellee.

We affirm.

It was a bright sunny day when this tragedy occurred. Previously, heavy rains had caused the water running down Barton Creek to back up behind the upper dam at Barton Springs pool...

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