City of Ysleta v. Babbitt
Court of Appeals of Texas
Appeal from the County Court of El Paso. Tried below before Hon. F. E. Hunter. The city of Ysletá, as a municipal corporation, has no authority to contract with plaintiff for irrigating his farming lands; nor was it liable in damages to plaintiff for any trespasses committed on his lands, nor for any acts of its officers or agents in depriving him of water for irrigating said lands, and not being originally liable, could not render itself liable to plaintiff by ratifying the…
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Appeal from the County Court of El Paso. Tried below before Hon. F. E. Hunter. The city of Ysletá, as a municipal corporation, has no authority to contract with plaintiff for irrigating his farming lands; nor was it liable in damages to plaintiff for any trespasses committed on his lands, nor for any acts of its officers or agents in depriving him of water for irrigating said lands, and not being originally liable, could not render itself liable to plaintiff by ratifying the alleged trespasses of its officers and agents. Bev. Stats., art. 340; Pye v. Peterson, 45 Texas, 312; Dill. Mun. Corp.,…
1Opinion of the Court
JAMES, Chief Justice.
The first count of the petition was stricken out on demurrer, leaving a claim asserted by plaintiff against the city for $995, by reason of alleged negligent and wrongful acts committed by the city’s officers or agents in reference to an acequia, and in the distribution of water therefrom in the summer of 1892, by which plaintiff was deprived of water and his crops thereby lost.
The action of the court on the pleadings we need not notice, as no question is presented concerning them..
There was a verdict in plaintiff’s favor for $500. We can detect no error as is claimed by…
2Cases cited4 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
- Henderson v. RailroadTexas Supreme Court · 1856
3Cited by7 opinions
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- San Antonio River Authority v. Garrett BrothersCourt of Appeals of Texas · 1975
- Cummings v. LobsitzSupreme Court of Oklahoma · 1914
- El Paso County Water Improvement District No. 1 v. City of El PasoDistrict Court, W.D. Texas · 1955
- Holderbaum v. Hidalgo County Water Improvement Dist. No. 2Court of Appeals of Texas · 1927
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