CITY OF ABILENE v. SMITHWICK

No. 11-86-076-CV.

721 S.W.2d 949 (1986)

The CITY OF ABILENE, Texas, Appellant, v. Nelda SMITHWICK and the Estate of Joe D. Smithwick, Deceased, Appellees.

Court of Appeals of Texas, Eastland

Rehearing Denied January 15, 1987.


Attorney(s) appearing for the Case

Diane Callander, Asst. City Atty., Abilene, for appellant.

Don Anderson, Whitten, Haag, Hacker, Hagin & Cutbirth, Abilene, for appellees.


OPINION

RALEIGH BROWN, Justice.

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 Smithwick's home from the City's 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...

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