Texas Supreme Court

Mrs. Emily Lebohm v. City of Galveston

January 19, 1955154 Tex. 192

Summary

The Texas Supreme Court held that Section 47 of the Galveston Charter, which immunizes the city from liability for injuries caused by its street maintenance, is invalid under Article I, Section 13 of the Texas Constitution because it arbitrarily abolishes a well‑established common‑law cause of action. The Court reversed the Court of Civil Appeals and affirmed the trial court judgment for the plaintiff.