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McCREIGHT v. CITY OF CLEBURNE

No. 10-96-014-CV.

940 S.W.2d 285 (1997)

Martha McCREIGHT, Appellant, v. The CITY OF CLEBURNE, et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled March 26, 1997.

Attorney(s) appearing for the Case

Chris Cessac, Gary Smith Noteboom, Hurst, for appellant.

Russell E. Wilson, Decker, Jones, McMackin, McClane, Hall & Bates, Fort Worth, for appellee.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

DAVIS, Chief Justice.

Appellant Martha McCreight filed suit against Appellees, the City of Cleburne and T.R. Lowery, for injuries she sustained when a tree limb collided with the school bus she was driving along a street in Cleburne adjacent to Lowery's property. After a pretrial hearing conducted at the request of McCreight and Cleburne, the trial court determined that the tree limb constituted a premise defect rather than a special defect.

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