Court of Civil Appeals of Texas, 1940

Reece v. City of Wichita Falls

Reece v. City of Wichita Falls
Court of Civil Appeals of Texas · Decided March 1, 1940 · Brown
137 S.W.2d 1075; 1940 Tex. App. LEXIS 82 (South Western Reporter, Second Series)

Reece v. City of Wichita Falls

Opinion of the Court

BROWN, Justice.

This is a companion case to that of Pittman v. City of Wichita Falls, reported in Tex.Civ.App., 120 S.W.2d 847, writ dismissed, and it was agreed by counsel that the facts adduced upon the trial of the Pittman case should constitute the Statement of Facts in the instant suit.

The trial court instructed a verdict for the defendant City, and the plaintiff has appealed.

Appellant contends that she pleaded a different cause of action in this case from that pleaded in the Pittman case.

If it should be considered that a somewhat different case, with respect to the duty imposed upon the City and its consequent negligence, was pleaded — all of which we doubt — nevertheless, the facts are the same.

On the authority of Pittman v. City of Wichita Falls, Tex.Civ.App., 120 S.W.2d 847, and the principles there announced, the judgment of the trial court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.