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CITY OF HOUSTON v. BARBARE

No. 15597.

451 S.W.2d 522 (1970)

CITY OF HOUSTON, Appellant, v. Bess M. BARBARE et vir, Appellees.

Court of Civil Appeals of Texas, Houston, (1st Dist.).

Rehearing Denied March 5, 1970.

Attorney(s) appearing for the Case

Wm. A. Olson, City Atty., Joseph G. Rollins, Senior Asst. City Atty., Houston, for appellant.

W. Douglas Matthews, Joseph F. Archer, Marvin Peterson, Houston, for appellees.

PEDEN, Justice.

This is a damage suit for personal injuries incurred by Mrs. Barbare when she stepped into a hole in a park owned by the City of Houston. The hole had been dug by the City for access to a buried cut-off valve in the water line serving a public drinking fountain. The valve was about eighteen inches below ground level. The hole leading to it contained a piece of concrete pipe four inches in diameter with a slightly flared opening at the top. The top...

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