Texas Supreme Court

Mrs. J. T. Sparkman, Petitioners v. Mary Louise Maxwell, Respondents

February 19, 197518 Tex. Sup. Ct. J. 226

Summary

The Texas Supreme Court held that the driver, Mrs. Sparkman, was not negligent as a matter of law for entering the intersection on a red arrow, and that the City of Wichita Falls was liable under the Texas Tort Claims Act for failing to correct the confusing traffic signal after notice. The Court reversed the lower courts' judgments against the City and remanded with instructions to award damages to Mrs. Maxwell, while affirming the judgment for the intervenor and denying liability for Mrs. Sparkman. Justice Steakley dissented, arguing that the majority effectively nullified negligence per se.