Opinion

Karling v. Lower Colorado River Authority

  • 303 S.W.2d 495
Court
Court of Appeals of Texas
Filed
May 15, 1957
Status
Published
Author
Hughes
On the bench
Gray, Hughes
Cited by
14 cases

The opinion

*501 On Appellant’s Motion for Rehearing

HUGHES, Justice.

Appellant contends that under the statutes set out in our original opinion, particularly subsection (c), Sec. 2, art. 8280-107, that there was a statutory duty on appellee to give warning that the flood gates were to be opened and that for a violation of this duty an action will lie on behalf of those for whom the statute was intended to protect. 1 C.J.S. Actions § 9 b, p. 991; 1 Am.Jur., p. 420, and other authorities are cited in support of this contention.

We agree with appellant’s position and with the law stated in the cited authorities.

We simply believe, and so held, that ap-pellee is immune from liability for breach of either a statutory or common-law duty.

The motion is overruled.

Motion overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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