Arthur S. Dilley v. City of Houston

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the City of Houston is liable for the negligent construction, operation, and maintenance of a storm sewer that caused the drowning of John Arthur Dilley because such activity is a proprietary, not a purely governmental, function. The Court also affirmed that a municipality is liable for negligence in the operation and maintenance of an improvement even when built according to a well‑recognized engineering plan.