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CITY OF TYLER v. FOWLERR FURNITURE CO.

No. 12-90-00181-CV.

831 S.W.2d 399 (1992)

The CITY OF TYLER, Texas, Appellant, v. FOWLER FURNITURE COMPANY, INC., Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied June 2, 1992.

Attorney(s) appearing for the Case

John M. Smith, Longview, for appellant.

Hugo Schmidt, Tyler, for appellee.

JACKSON B. SMITH, Jr., Retired Justice.1

Appellee, Fowler Furniture Company, filed this suit against the City of Tyler, Appellant, alleging negligence by the city in not properly maintaining or repairing an existing storm drainage system, and failing to provide or maintain adequate barriers along or around that system. The city asserted governmental immunity and denied any negligence. The trial court held, as a matter of law, that the...

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