Conway v. City of Beaumont
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. V. H. Ford. Suit by appellant in the district court of Jefferson county. The cause was tried on a general demurrer and a special exception of defendant to plaintiff’s petition, the latter going to so much of the petition as sought a recovery of punitory damages against the defendant corporation.
Read the full summary
Appeal from Jefferson. Tried below before the Hon. V. H. Ford. Suit by appellant in the district court of Jefferson county. The cause was tried on a general demurrer and a special exception of defendant to plaintiff’s petition, the latter going to so much of the petition as sought a recovery of punitory damages against the defendant corporation. The petition charged that, on the 1st of March, 1883, William Langham, the legally constituted city marshal of the city, which was a legally authorized and organized city government and public corporation under the laws of the state of Texas, did,…
1Opinion of the Court
West, Associate Justice.—
The petition in this case was defective in that it failed to set out such a state of facts as would make the appellee liable to an action for damages, if in fact such an action would lie at all under the facts here partially disclosed.
Whatever difference there may be between the courts of different states as to this character of suits (a difference that attention was called to by this court in the case of Bavasota v. Pearce, 46 Tex., 525), they all agree that in a certain large class of cases no action of this kind will lie against a municipal corporation.
It is said…
2Cases cited5 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Richmond v. Long's Adm'rsSupreme Court of Virginia · 1867
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
- Stewart v. City of New OrleansSupreme Court of Louisiana · 1854
- City of Navasota v. PearceTexas Supreme Court · 1877
3Cited by9 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- City of Fort Worth v. WigginsTexas Commission of Appeals · 1928
- City of Wichita Falls v. RobisonTexas Supreme Court · 1932
- Lenzen v. City of New BraunfelsCourt of Appeals of Texas · 1896
- Pearce v. HallumCourt of Appeals of Texas · 1930
4 more not listed; retrieve them via the Exa API.