Legal Opinion · Dissent

Dallas County Flood Control District v. Fowler

Court of Appeals of Texas

Decided June 2, 1955No. 3248Published

1DissentTirey, Justice

I am not in accord with the majority opinion in overruling the motion for rehearing of the Dallas County Flood Control District for reasons hereinafter briefly noted.

The Dallas County Flood Control District, in its motion for rehearing, raises two points: 1 is to the effect that we erred in overruling its plea of privilege in holding that it had committed a trespass in Collin County sufficient to sustain venue there; and 2 is to the effect that we erred in holding that the act of spraying herbicide, committed in Dallas County by it (which resulted in damages to appellees’ crops in Collin…

2Cases cited16 opinions

  1. Compton v. ElliottTexas Supreme Court · 1935
  2. Goodrich v. Superior Oil Co.Texas Supreme Court · 1951
  3. Meredith v. McClendonTexas Supreme Court · 1938
  4. Meredith v. McClendonTexas Supreme Court · 1938
  5. Lyle v. WaddleTexas Supreme Court · 1945

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