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CITY OF MCALLEN v. DE LA GARZA

No. 94-1139.

898 S.W.2d 809 (1995)

CITY OF McALLEN, Petitioner, v. Angel DE LA GARZA and Alma De La Garza, Respondents.

Supreme Court of Texas.

May 25, 1995.

Attorney(s) appearing for the Case

Robert L. Galligan and Todd A. Clark, Weslaco, for petitioner.

Servando H. Gonzales, Jr. and Ricardo A. Ramos, McAllen, for respondents.

OWEN, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, HIGHTOWER, HECHT, GAMMAGE, and ENOCH, Justices, join.

This case presents the question whether the owner of a caliche pit has a duty to make the pit safe for or to warn those who are not traveling with reasonable care upon the adjoining highway. We hold there is no duty.

On May 27, 1989, Robert Garza and his sixteen-year old passenger Aaron De La

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