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TURVEY v. CITY OF HOUSTON

No. B-9236.

602 S.W.2d 517 (1980)

Leroy K. TURVEY, Petitioner, v. CITY OF HOUSTON, Respondent.

Supreme Court of Texas.

Rehearing Denied July 16, 1980.

Attorney(s) appearing for the Case

Kronzer, Abraham & Watkins, Rockne W. Onstad, Houston, for petitioner.

Robert M. Collie, Jr., City Atty., David Lee Crawford, Asst. City Atty., Houston, for respondent.

BARROW, Justice.

Petitioner, Leroy K. Turvey, brought this suit against the City of Houston to recover damages for his personal injuries sustained when the vehicle he was operating struck a hole in a street within the City. The question presented is whether he may maintain an action under the Texas Tort Claims Act, article 6252-19, Tex.Rev.Civ.Stat.Ann., against the City for negligence arising from a proprietary function.1

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