Texas Supreme Court
Jesse H. Bennett v. Brown County Water Improvement District No. One
July 21, 1954153 Tex. 599
Summary
The Texas Supreme Court affirmed the dismissal of the Bennett plaintiffs' tort claims, holding that the Brown County Water Improvement District is a governmental agency performing a governmental function and therefore immune from liability for negligence. The Court rejected the plaintiffs' argument that the district's irrigation activities constitute a proprietary function. Justice Wilson dissented, arguing that the district's irrigation work is a proprietary activity and should be subject to liability.