Legal Opinion · Dissent

Bennett v. Brown County Water Improvement District No. One

Texas Supreme Court

Decided July 21, 1954No. A-4415Published

1DissentJustice Wilson

*608I respectfully dissent and will write at some length because (1) as government expands into fields also performed by private enterprise, it should assume the same liabilities as private enterprise, (2) the majority opinion tends toward centralization of government, and (3) it is contrary to the weight of authority throughout the United States.

Exemption from tort liability is here accorded to a water improvement district, as a subdivision of the central state government, because:

1. Sect. 59a, Art. XVI, Texas Constitution, provides that conservation, storage and distribution of water is a…

2Cases cited41 opinions

  1. City of Trenton v. New JerseySupreme Court of the United States · 1923
  2. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  3. Barnes v. District of ColumbiaSupreme Court of the United States · 1876
  4. Love v. City of DallasTexas Supreme Court · 1931
  5. Brown v. City of GalvestonTexas Supreme Court · 1903

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