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CITY OF BAYTOWN v. TOWNSEND

No. 1447.

548 S.W.2d 935 (1977)

The CITY OF BAYTOWN, Texas, Appellant-Appellee, v. Janet E. TOWNSEND, as next friend of Yancy Zimbalist Alfred, Appellee-Appellant.

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

Rehearing Denied April 6, 1977.

Attorney(s) appearing for the Case

Neel Richardson, City Atty., Scott Bounds, Asst. City Atty., Baytown, Michael G. Terry, Vinson, Elkins, Searls, Connally & Smith, Houston, for appellant-appellee.

Glenn Vickery, Vickery & Matthews, Ben A. Ramey, Houston, for appellee-appellant.

COULSON, Justice.

This is a personal injury suit.

Yancy Zimbalist Alfred, a minor, as plaintiff, acting through his mother, Janet E. Townsend, as his next friend, brought suit against the City of Baytown, as defendant, under the Texas Tort Claims Act, Tex.Rev.Civ.Stat.Ann. art. 6252-19 (Supp. 1976-77). Alfred's left arm was severely lacerated on a bolt protruding from a net post on a tennis court which was constructed and maintained by the City. Trial was...

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