IVEY v. CITY OF TEMPLE

No. 11504.

415 S.W.2d 542 (1967)

Thelma IVEY, a Feme Sole, Appellant, v. CITY OF TEMPLE, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 31, 1967.


Attorney(s) appearing for the Case

C. Gordon Metcalf, Temple, for appellant.

Jack W. Prescott, Temple, for appellee.


PHILLIPS, Chief Justice.

This is a suit for damage done to appellant's property due to the "backing up" of a sanitary sewage line owned by the appellee, City of Temple, onto the property belonging to appellant.

The trial court granted appellee's Motion for Summary Judgment apparently on the theory of appellee's immunity for a governmental function.

Appellant has perfected her appeal to this Court.

Appellant pleaded in the trial court that the...

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