[Download] "City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick" by Eleventh District, Eastland Court of Appeals of Texas # eBook PDF Kindle ePub Free

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eBook details

• Title: City Abilene v. Nelda Smithwick and Estate Joe D. Smithwick
• Author : Eleventh District, Eastland Court of Appeals of Texas
• Release Date : January 18, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Nelda Smithwick and the Estate of Joe D. Smithwick, Deceased sued the City of Abilene, seeking damages both to their property and for personal injuries as a result of raw sewage flowing into the Smithwicks home from the Citys sanitary sewer main. Alternative theories of recovery included: (1) a taking, damaging, or destroying under Article I, Section 17 of the Texas Constitution; (2) negligence of the City in operating its sanitary sewer system; and (3) negligence based upon the application of the doctrine of res ipsa loquitur. The City answered by denying liability and asserting the defenses of limitations and governmental immunity. Judgment was entered for Smithwick, based on the jurys verdict, which awarded $36,000 in actual damages, $63,000 in consequential damages, and $2,500 for mental anguish. The City appeals. We reverse and render.

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