finding fact issue as to whether city had notice sign was obscured where photos in evidence showed bushes were scraggly, resident testified that bushes had been there as long as she could remember, and officers passed through intersection during patrol several times a month
How later courts described this case
- finding fact issue as to whether city had notice sign was obscured where photos in evidence showed bushes were scraggly, resident testified that bushes had been there as long as she could remember, and officers passed through intersection during patrol several times a month
- finding fact issue as to whether city had notice that sign was obscured where evidence showed bushes were scraggly, resident testified that bushes had been there as long as she could remember, and officers passed through intersection on routine patrol several times a month
Written by the judges who cited it.
The opinion
ON APPELLEE CITY OF SAN ANTONIO’S MOTION FOR REHEARING
A judgment was entered in this proceeding on April 29, 1983, reversing the judgment of the trial court and assessing costs against appellees, Bruce A. Thurn and Charles Thurn. Appellees’ have filed a motion for a rehearing requesting in part that costs be readjudged.
Our opinion reverses the judgment of the trial court because of its error in granting an instructed verdict in favor of the City of San Antonio. Since reversible error is not attributable to appellees, Bruce A. Thurn and Charles Thurn, good cause exists to tax costs to appellants and the City of San Antonio.
Accordingly, the costs of appeal are re-taxed three-fourths to appellee, The City of San Antonio and one-fourth to appellant, Kenneth F. Kenneally. In all other respects, appellees’ motions for rehearing are denied.