County of Harris v. Eaton

POPE, Justice.

This is a negligence case which requires our decision whether, under sections 14(12) and 18(b) of the Tort Claims Act, Tex.Rev. Civ.Stat.Ann. art. 6252-19, the defendant Harris County owed the plaintiffs the limited duty owing a licensee, as insisted by Harris County, or the duty of ordinary negligence as the courts below have held. James Eaton, Doris Jean Burk Eaton, John C. Hall and Nancy W. Hall sued Harris County for personal injuries. The trial was to the court, which rendered judgment for plaintiffs. The court apportioned seventy percent of the negligence to the defendant…