CALLAWAY v. CITY OF ODESSA

No. 6913.

602 S.W.2d 330 (1980)

Weldon CALLAWAY et ux., Appellants v. CITY OF ODESSA, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 9, 1980.


Attorney(s) appearing for the Case

Law Offices of Bill Alexander, Cynthia Clack, Odessa, for appellants.

Shafer, Gilliland, Davis, McCollum & Ashley, Inc., James M. O'Leary, Odessa, for appellee.


OPINION

WARD, Justice.

The Plaintiffs sued the City of Odessa for damages resulting from the backup and overflow of sewage into their home. Trial was to a jury, which answered all the jury issues submitted in favor of the Plaintiffs. The Court then granted the City's motion for judgment non obstante veredicto under Rule 301, Tex.R.Civ.P., and a take nothing judgment was entered. The grounds in the motion, and the issues on appeal, present contentions of...

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