City of Houston v. Shilling

I respectfully dissent from the decision of the majority, because it subjects petitioner, the City of Houston, to liability for injuries suffered by respondent as the result of the negligence of an employee of the city while engaged in the performance of a governmental function of the city.

Respondent was injured in a collision between her automobile and a truck owned and operated by the city in the collection *393of garbage. This brings the case under City of Fort Worth v. George, 108 S. W. 2d 929. And, as stated in substance in the opinion of the majority, the refusal of the application for writ…