Dilley v. City of Houston

We adopt the statement as to the nature and result of the suit as made by the Court of Civil Appeals in their opinion. 217 S. W. (2d) 459. As stated by them, the liability vel non of the City of Houston to the petitioners depends upon the answer to the query: Was the construction and maintenance of the storm sewer in question a governmental or proprietary function of the City of Houston?

The rules governing the liability or. non-liability of a city *193for the negligent acts of its servants and employees are well settled. They have been declared many times by this Court, and very clearly and…