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CITY OF GALVESTON v. STATE

No. 1086.

518 S.W.2d 413 (1975)

CITY OF GALVESTON, Appellant, v. STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Houston, (14th Dist.).

January 8, 1975.

Attorney(s) appearing for the Case

James L. Anthony McLeod, Alexander, Powel & Apffel, Robert V. Shattuck, City Atty., City of Galveston, Galveston, for appellant.

John L. Hill, Atty. Gen., Donald W. Allee, Asst. Atty. Gen., Houston, for appellee.

TUNKS, Chief Justice.

About December 14, 1972, a lift station on a sanitary sewer line in the City of Galveston became inoperative. The City installed a pump to by-pass the lift station. On February 5, 1973, the pump so installed was damaged when it was struck by an automobile. On that date another pump was installed to replace the damaged one. Thereafter residents on the shore of nearby English Bayou detected the odor of sewage in the bayou. After complaints by the...

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