Bingham v. City of Colorado City
Bingham v. City of Colorado City
Opinion of the Court
Hubert Bingham and wife filed suit against the City of Colorado City, Harrell Fishing Camp and Texas Electric Service Company alleging that Lake Colorado City was under the joint control of the three defendants and that on account of the defendants’ negligence their son drowned in the lake. Summary judgment was rendered for the defendants and the Binghams have appealed from that portion of the judgment which granted the City a summary judgment.
The City contends that: “By pleading in detail the facts upon which it relies in its motion for summary judgment, the appel-lee, since appellants did not see fit to controvert such facts, is entitled to have such pleadings taken as true, and they can be considered by the Court in determining
The judgment is reversed and the cause is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.