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6 Texas opinions name it 2 courts 1966–2004 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bragg v. City of Dallasgreen2 sentences2004However, the exception to governmental immunity for nuisance causes of action only applies to invasions of the rights of neighboring landowners: "... a condition on municipal [or State] land that is dangerous or hazardous to persons coming on the land is not a `nuisance' within the constitutionally-based `nuisance' exception to the rule of governmental immunity." Bragg v. City of Dallas, 605 S.W.2d 669, 672 (Tex.Civ.App.-Dallas 1980), motion for extension of time overruled, 608 S.W.2d 696 (Tex.Civ.App.-Dallas 1980, no writ). 2003However, the exception to governmental immunity for nuisance causes of action only applies to invasions of the rights of neighboring landowners: “... a condition on municipal [or State] land that is dangerous or hazardous to persons coming on the land is not a ‘nuisance’ within the constitutionally-based ‘nuisance’ exception to the rule of governmental immunity.” Bragg v. City of Dallas, 605 S.W.2d 669, 672 (Tex.Civ.App.-Dallas 1980), motion for extension of time overruled, 608 S.W.2d 696 (Tex.Civ.App.-Dallas 1980, no writ). | 3 | 3 |
Garza Ex Rel. Garza v. Edinburg Consolidated Independent School Districtgreen1 sentence1986See Garza, 576 S.W.2d at 918 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bragg v. City of Dallas
green
2 sentences2004However, the exception to governmental immunity for nuisance causes of action only applies to invasions of the rights of neighboring landowners: "... a condition on municipal [or State] land that is dangerous or hazardous to persons coming on the land is not a `nuisance' within the constitutionally-based `nuisance' exception to the rule of governmental immunity." Bragg v. City of Dallas, 605 S.W.2d 669, 672 (Tex.Civ.App.-Dallas 1980), motion for extension of time overruled, 608 S.W.2d 696 (Tex.Civ.App.-Dallas 1980, no writ). 2003However, the exception to governmental immunity for nuisance causes of action only applies to invasions of the rights of neighboring landowners: “... a condition on municipal [or State] land that is dangerous or hazardous to persons coming on the land is not a ‘nuisance’ within the constitutionally-based ‘nuisance’ exception to the rule of governmental immunity.” Bragg v. City of Dallas, 605 S.W.2d 669, 672 (Tex.Civ.App.-Dallas 1980), motion for extension of time overruled, 608 S.W.2d 696 (Tex.Civ.App.-Dallas 1980, no writ). | 3 | 2003–2004 |
Herring v. Houston National Exchange Bank
green
2 sentences1969This remedy is the only one provided in such a case, and this is known to the party contracting with the State, and the courts cannot say that it is not certain, reasonable and adequate. * * * ” (Emphasis added.) Some other Texas cases holding that the rule of governmental immunity from suit without consent applies to suits based on contractual rights are: Herring v. Houston National Exchange Bank, 114 Tex. 394 , 269 S.W. 1031 ; W. 1969This remedy is the only one provided in such a case, and this is known to the party contracting with the State, and the courts cannot say that it is not certain, reasonable and adequate. * * * ” (Emphasis added.) Some other Texas cases holding that the rule of governmental immunity from suit without consent applies to suits based on contractual rights are: Herring v. Houston National Exchange Bank, 114 Tex. 394 , 269 S.W. 1031 ; W. | 1 | 1969–1969 |
Williams v. City of Detroit
green
2 sentences1966It cannot come as can legislative change after ample public discussion and with full warning to those bodies upon whom liability would be thrust to take such measures of an insurance nature as they might deem desirable.” .In Williams v. City of Detroit, 364 Mich. 231 , 111 N.W.2d 1 (1961), the proposition that any change in the rule of governmental immunity (which in many respects is similar to the rule of charitable immunity) is a matter for the legislative branch of government, is strongly argued by Mr. Justice Carr ( 111 N.W.2d 1 ) while the opposite view is vigorously stated by Mr. Justice 1966It cannot come as can legislative change after ample public discussion and with full warning to those bodies upon whom liability would be thrust to take such measures of an insurance nature as they might deem desirable.” .In Williams v. City of Detroit, 364 Mich. 231 , 111 N.W.2d 1 (1961), the proposition that any change in the rule of governmental immunity (which in many respects is similar to the rule of charitable immunity) is a matter for the legislative branch of government, is strongly argued by Mr. Justice Carr ( 111 N.W.2d 1 ) while the opposite view is vigorously stated by Mr. Justice | 1 | 1966–1966 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.