Laurenson v. Newton

• Citation: 25 S.W.2d 165
• Decision Date: 21 December 1929
• Docket Number: No. 8301.,8301.
• Parties: LAURENSON v. NEWTON.
• Court: Court of Appeals of Texas

25 S.W.2d 165

LAURENSON v. NEWTON.

No. 8301.

Court of Civil Appeals of Texas. San Antonio.

December 21, 1929.

Rehearing Overruled February 26, 1930.

Error from District Court, Bexar County; Robert W. B. Terrell, Judge.

Suit by Virginia A. Laurenson against Frank R. Newton. Judgment for defendant, and plaintiff brings error. Affirmed.

Don A. Bliss, of San Antonio, for plaintiff in error.

Templeton, Brooks, Napier & Brown, of San Antonio, for defendant in error.

COBBS, J.

This suit was brought by plaintiff in error to recover of defendant in error damages in the sum of $11,000 an account of serious bodily injuries, which she alleged were caused by the defendant in error's negligence in causing a cut to be made in the curb and sidewalk and constructing and maintaining a driveway from Travis street in the city of San Antonio, in Bexar county, Tex., across the sidewalk to and into the property owned by defendant in error on the north side of Travis street, in violation of the ordinances of the city of San Antonio governing the making of such cuts and driveways and maintaining the same.

The defendant filed general and special pleadings, and alleged that plaintiff's own negligence caused and contributed to cause her injuries.

The case was tried by a jury to whom the court submitted special issues, and upon the return of their answers the court entered a judgment in favor of defendant in error.

The evidence sufficiently showed the damages and injuries resulting to plaintiff caused by the fall in crossing over the driveway of defendant, and there is no need to discuss it here.

The ordinance of the City provides:

"Lines and Grades * * * No excavation shall be done and no construction shall be commenced and no material shall be placed for any such work in any public street or public place until permit for such work has been obtained from the City Engineer, nor until stakes for lines and grades for such work have been given by the City Engineer. Contractors will be required to protect both line and grade stakes after the same have been set, and errors in lines or grades caused by stakes having raised, lowered or otherwise changed or lost will be charged against the contractor, and he will be required to make such mistakes good at his own cost and expense.

"All driveways into private property or alleys must be paved from curb-line to property line on such grades as may be furnished by the City Engineer and under the same specifications governing the...