City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick Book Reviews
City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick by Eleventh District, Eastland Court of Appeals of Texas Book Summary
Nelda Smithwick and the Estate of Joe D. Smithwick, Deceased sued the City of Abilene, seeking damages both to their property and for personal injuries as a result of raw sewage flowing into the Smithwicks home from the Citys sanitary sewer main. Alternative theories of recovery included: (1) a taking, damaging, or destroying under Article I, Section 17 of the Texas Constitution; (2) negligence of the City in operating its sanitary sewer system; and (3) negligence based upon the application of the doctrine of res ipsa loquitur. The City answered by denying liability and asserting the defenses of limitations and governmental immunity. Judgment was entered for Smithwick, based on the jurys verdict, which awarded $36,000 in actual damages, $63,000 in consequential damages, and $2,500 for mental anguish. The City appeals. We reverse and render.
Book Name | City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick |
Genre | Law |
Author | Eleventh District, Eastland Court of Appeals of Texas |
Published | 18 December 1986, Thursday |
Language | English |
E-Book Size | 72.28 KB |
City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick (Eleventh District, Eastland Court of Appeals of Texas) Book Reviews 2024
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Summary of City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick by Eleventh District, Eastland Court of Appeals of Texas
The City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick book written by Eleventh District, Eastland Court of Appeals of Texas was published on 18 December 1986, Thursday in the Law category. A total of 40 readers of the book gave the book 0 points out of 5.
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