City of Texarkana v. Taylor

CHADICK, Chief Justice.

Although these two cases were separately tried and appeals herein are from separately timed and entered judgments, convenience and conservation of space can be had by discussing both together. In each case a jury found that the negligence of the City of Texarkana, Texas, in the operation of a segment of its sanitary sewer system proximately caused sewage backup damage to each of the appellees (Stanley Taylor’s residence; Sarkco Inc.’s apartment house).

A municipality, such as the City of Texarkana, Texas, is immune to liability for negligence in the performance of…