Later courts went against this
Abrogated by Howle v. Camp Amon Carter, 14 Tex. Sup. Ct. J. 445 (1971)
They contend that tort liability under the rule of respondent superior in charitable organizations was modified in Watkins v. Southcrest Baptist Church, 399 S.W.2d 530 (Tex.Sup.1966) and abrogated in Howie v. Camp Amon Carter, 470 S.W.2d 629 (Tex.Sup.1971).
The opinion
CALVERT, Justice
(dissenting).
The doctrine of charitable immunity is a court-made doctrine. I would abolish it outright, preferably instanter, without distinction as to the nature or character of the various charitable organizations. I would agree to abolish it prospectively so that liability would attach only in cases arising hereafter. Finally, if driven to it, I would abolish it effective upon adjournment of the Regular Session of the 60th Legislature in 1967, thus permitting the Legislature to act in the matter if it wished to do so.
Believing that the doctrine should be abolished here and now, I would reverse the judgments of the courts below and remand this cause to the trial court for trial on the merits.
Accordingly, I dissent.
SMITH, J., joins in this dissent.