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GEORGE v. CITY OF HOUSTON

No. 15681.

465 S.W.2d 387 (1971)

Odell K. GEORGE et ux., Appellants, v. CITY OF HOUSTON, Appellee.

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

Rehearing Denied April 8, 1971.

Attorney(s) appearing for the Case

Harry Burns, Houston, for appellants.

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

COLEMAN, Justice.

This is a suit for damages brought by the parents of a deceased minor son who was drowned in a pond located on land used by the City for the disposal of garbage. The pond was constructed near a public park owned and operated by the City. The trial court instructed a verdict in favor of the City. The judgment is reversed.

Appellants contend (1) that the City is liable in that the pond constituted a nuisance even though it was constructed and...

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