WHITNEY v. CITY OF TERRELL

No. 3259.

278 S.W.2d 909 (1955)

G. B. WHITNEY, Appellant, v. The CITY OF TERRELL, Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 19, 1955.


Attorney(s) appearing for the Case

Jones & Morris, Fort Worth, for appellant.

W. N. Barnes, Frank H. King, Terrell, for appellee.


HALE, Justice.

This appeal is from a judgment of dismissal rendered in the court below solely upon the pleadings of the parties without the hearing of any evidence. A correct disposition of the appeal turns upon whether the facts alleged in appellant's petition were insufficient as a matter of law to state any cause of action against appellee. If so, the judgment appealed from should be affirmed; otherwise, it should be reversed.

Appellant, as plaintiff in...

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