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CITY OF HOUSTON v. CHURCH

No. 16876.

554 S.W.2d 242 (1977)

The CITY OF HOUSTON, Appellant, v. John B. CHURCH, Appellee.

Court of Civil Appeals of Texas, First District.

Rehearing Denied August 4, 1977.

Attorney(s) appearing for the Case

Otis H. King, City Atty., Dale M. Tingleaf, Asst. City Atty., Houston, for appellant.

Hofheinz & Harpold, Gary L. Crofford, Houston, for appellee.

COLEMAN, Chief Justice.

This is an appeal from a judgment entered on a jury verdict awarding plaintiff damages for injuries to his warehouse and its contents suffered as a result of flooding from a broken waterline operated by the City of Houston. The judgment will be reformed and affirmed.

In 1961 S. E. Realty, a corporation, owned real property on which an addition to a warehouse was being constructed. A waterline was uncovered which ran under the planned...

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