City of San Antonio v. Smith & Hildebrand & Hamilton
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Smith sued the city for damages caused by a nuisance and the city made Hildebrand and Hamilton parties, claiming indemnity from them against plaintiff’s judgment. Plaintiff recovered and the city was denied indemnity on its plea over, and this holding being affirmed on appeal, obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
Smith brought this suit against the city to recover damages caused by a nuisance alleged to have been created by it; and the city - caused Hildebrand and Hamilton to be made defendants for the purpose of recovering over against them any sum which it might be required to pay to plaintiff. A general demurrer and special exceptions interposed by Hildebrand .and Hamilton to the pleading of the city against them were sustained and judgment was entered, dismissing them from the cause. A judgment was rendered in favor of plaintiff against the city, from which both…
2Cases cited2 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
3Cited by47 opinions
- Renfro Drug Co. v. LewisTexas Supreme Court · 1950
- Strakos v. GehringTexas Supreme Court · 1962
- General Motors Corp. v. SimmonsTexas Supreme Court · 1977
- Austin Road Co. v. PopeTexas Supreme Court · 1949
- City of San Antonio v. TalericoTexas Supreme Court · 1904
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