H. M. Hanks v. City of Port Arthur

Summary

The Texas Supreme Court held that the City of Port Arthur's charter provision requiring a 24‑hour notice of sidewalk defects before a plaintiff may recover is unconstitutional under the due‑process and compensation clauses of the Texas Constitution, and therefore void; consequently the city is liable for negligence in maintaining its sidewalks without the notice prerequisite. The Court reversed the lower courts and remanded for a new trial.