# Watkins v. Southcrest Baptist Church

> Texas Supreme Court · January 5, 1966 · 9 Tex. Sup. Ct. J. 176

URL: https://www.frixlaw.com/law-library/cases/9773973

## Case

- **Full name:** Mary A. WATKINS, Petitioner, v. SOUTHCREST BAPTIST CHURCH, Respondent
- **Court:** Texas Supreme Court
- **Decided:** January 5, 1966
- **Citations:** 9 Tex. Sup. Ct. J. 176; 399 S.W.2d 530; 1966 Tex. LEXIS 378
- **Precedential status:** Published
- **Opinion:** Dissent by Calvert
- **Judges:** Norvell, Walker, Greenhill, Calvert, Steakley, Smith
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated by Howle v. Camp Amon Carter, 14 Tex. Sup. Ct. J. 445 (1971).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9773973

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773973. Public record. Not legal advice.