Schaefer v. City of San Antonio Ex Rel. Water Works Board of Trustees

OPINION

WHITHAM, Justice (Retired).

The issues arise under the Texas Tort Claims Act. Tex.Civ.Prac. & Rem.Code Ann., § 101.021(1) (Vernon 1986). Appellant, Herbert A. Schaefer, brought this action against appellee, City of San Antonio by and through its Waterworks Board of Trustees, to recover property damage sustained when water from a broken water pipe maintained by the City Water Board flowed onto Schaefer’s property. In a bench trial, the trial court entered a take-nothing judgment in favor of the City Water Board. We conclude that pursuant to the doctrine of sovereign immunity and the Act,…