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COOPER v. CITY OF ABILENE

No. 4161.

416 S.W.2d 562 (1967)

J. H. COOPER et ux., Appellants, v. CITY OF ABILENE, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 26, 1967.

Attorney(s) appearing for the Case

Schulz & Hanna, Yates & Yates, Abilene, for appellants.

Don R. Butler and Gary F. Dennison, City Atty., Abilene, for appellee.

GRISSOM, Chief Justice.

J. H. Cooper and wife sued the City of Abilene. They alleged the City was liable for injuries sustained by Mrs. Cooper when she stepped into a ditch at night. They alleged that the Coopers were attending a meeting at a school and when Mrs. Cooper alighted from a car she stepped into a ditch and fell. Ten days after the alleged injury the Coopers' attorney wrote the City as follows:

"The Mayor and City...

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