Legal Opinion
City of Abilene v. Smithwick
Texas Court of Appeals, 11th District (Eastland)
Decided December 18, 1986No. 11-86-076-CVPublishedCited by 42 opinions
1Opinion of the Court
OPINION
RALEIGH BROWN, Justice.
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 Smi-thwick’s home from the City’s 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 loqui-tur. The City answered by denying…
2Cases cited28 opinions
- Trenholm v. RatcliffTexas Supreme Court · 1983
- Steele v. City of HoustonTexas Supreme Court · 1980
- State v. HaleTexas Supreme Court · 1941
- Rizkallah v. Conner, Texas Court of Appeals, 1st District (Houston)1997
- Bayouth v. Lion Oil Co.Texas Supreme Court · 1984
23 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Samaad v. City of DallasCourt of Appeals for the Fifth Circuit · 1991
- Loyd v. ECO Resources, Inc., Texas Court of Appeals, 14th District (Houston)1997
- Green International, Inc. v. StateCourt of Appeals of Texas · 1994
- Waddy v. City of Houston, Texas Court of Appeals, 1st District (Houston)1992
- Dalon v. City of DeSoto, Texas Court of Appeals, 5th District (Dallas)1992
37 more not listed; retrieve them via the Exa API.