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CITY OF CORSICANA v. WREN

No. A-6751.

317 S.W.2d 516 (1958)

CITY OF CORSICANA, Petitioner, v. Jimmy WREN et al., Respondents.

Supreme Court of Texas.

Dissenting Opinion November 5, 1958.

Rehearing Denied November 26, 1958.

Attorney(s) appearing for the Case

Wm. J. McKie, Johnny M. Chirafis, City Atty., Corsicana, for City of Corsicana, petitioner.

H. P. Kucera, City Atty., Dallas, Doren R. Eskew, City Atty., Robert J. Potts, Jr., Asst. City Atty., Austin, amicus curiae.

Dawson & Dawson, Charles L. Price, Corsicana, for respondents.

GARWOOD, Justice.

For all practical purposes, this case may be said to present the single question of whether ownership and operation of an airport by a Home Rule City pursuant to art. 46d-15, Vernon's Tex.Civ.Stats., is a governmental function in the sense that renders the city immune from liability for negligence in burning grass on the airport premises, as a result of which certain property of the respondent-plaintiff there stored by him under contractual arrangement...

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