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ALEXANDER v. CITY OF DALLAS

No. 5715.

552 S.W.2d 622 (1977)

Sarah Gina ALEXANDER, Individually and as Next Friend for Ricky Foster, a minor, Appellant, v. The CITY OF DALLAS, Appellee.

Court of Civil Appeals of Texas, Waco.

June 2, 1977.

Attorney(s) appearing for the Case

Alfred W. Ellis, Woodruff & Ellis, Dallas, for appellant.

Lee E. Holt, T. Alex Eastus, Richard A. Sacks, Dallas, for appellee.

HALL, Justice.

This is a premises condition case. Ricky Foster was seriously injured when the bank of a drainage ditch maintained by the City of Dallas gave way under him and he fell into a deep hole in the ditch. The accident occurred at a place where a concrete storm sewer emptied into the ditch. The discharge of the storm sewer had dug the hole into which Ricky fell, and was eroding the bank of the ditch. Ricky was almost 15 years of age at the time of his injury...

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