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LaBOVE v. CITY OF GROVES

No. 8494.

602 S.W.2d 395 (1980)

John LaBOVE et ux., Appellants, v. The CITY OF GROVES, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied July 24, 1980.

Attorney(s) appearing for the Case

Louis Dugas, Jr., Orange, for appellants.

Michael R. McGown, Beaumont, for appellee.

KEITH, Justice.

Plaintiffs below appeal from an adverse summary judgment rendered in their suit for property damage and personal injuries sustained by Mrs. LaBove when their automobile struck a partially open manhole. The accident is alleged to have occurred on July 16, 1976, and suit was filed on September 1, 1977. It charged common law negligence on the part of the city in failing to secure the manhole cover so that it would not protrude upward from the pavement...

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