Texas Supreme Court

City of Amarillo v. J. E. Ware.

June 10, 1931120 Tex. 456

Summary

The Texas Supreme Court answered four certified questions, holding that the City of Amarillo's storm‑sewer project was not a purely governmental act, that liability for property damage does not depend on negligence, and that permanent damages are measured by the difference in market value before and after the sewer’s operation. The Court also declined to give a categorical answer to the fourth question regarding crop damage evidence.