Smith v. Tarrant County

WILLSON, O. J.

(after stating the case as above).

It seems the action of the trial court in sustaining the demurrer to the petition was on the theory that the road being, admittedly, a part of the state highway system, appellant was without authority to construct it, and hence could not be liable for the damage's appellant sought to recover.

In its brief appellee says: “But for the legal incidents of the Act of 1917 creating the State Highway Commission, a State Highway System, and providing for the designation, construction and maintenance thereof by such Commission, and the various Acts…