GAY v. CITY OF HILLSBORO

No. B-6094.

545 S.W.2d 765 (1977)

Weldon GAY et ux., Petitioners, v. CITY OF HILLSBORO, Texas, Respondent.

Supreme Court of Texas.

Rehearing Denied February 16, 1977.


Attorney(s) appearing for the Case

Carter, Jones, Magee, Rudberg, Moss & Mayes, Ralph C. Jones, Dallas, for petitioners.

Naaman, Howell, Smith & Chase, Larry O. Brady, Waco, for respondent.


DENTON, Justice.

Petitioners have perfected this appeal from a take nothing summary judgment in this suit for personal injuries against the City of Hillsboro for alleged negligence in failing to keep a street in reasonable repair. The court of civil appeals held that it was the burden of the petitioners to bring forward depositions relied upon by the trial court in granting summary judgment; and that in the absence of the depositions, the court would presume that...

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