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MURPHY v. LOWER NECHES VALLEY AUTHORITY

No. 7741.

529 S.W.2d 816 (1975)

Oscar MURPHY et al., Appellants, v. LOWER NECHES VALLEY AUTHORITY et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied November 21, 1975.

Attorney(s) appearing for the Case

Provost, Umphrey, Doyle & Mehaffy, Port Arthur, for appellants.

O. J. Weber, Jr., Beaumont, for appellees.

STEPHENSON, Justice.

This is an action for damages for personal injuries to Wendell Keith Murphy, a minor. Suit was brought under the Texas Tort Claims Act against the Lower Neches Valley Authority (LNVA). This appeal is from a summary judgment granted LNVA.

The pleadings and summary judgment proof show Wendell was fourteen years old at the time he dove into an LNVA canal and struck his head on a hump or lump of clay protruding from the bottom of the canal...

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