Case law

In Re TXU Electric Co.

45 Tex. Sup. Ct. J. 268 · Texas Supreme Court · Dec 31, 2001

The circumstances presented here clearly fall within that category. … A state baseball tournament qualifies. [108] So should electric deregulation. Chief Justice Phillips's concurring opinion makes two other arguments that are wholly lacking in merit.

Myers-Woodward, LLC v. Underground Services Markham, LLC and United Brine Pipeline Company, LLC

Texas Supreme Court · May 16, 2025

USM therefore has a qualified right to use Myers’s surface estate, including the disputed salt caverns. That right, however, is limited to uses that are “reasonably necessary to recover [USM’s] minerals.” Id. … The oil royalty is clearly an in-kind royalty, and the parties, by their correction deed, sought to add gas and other minerals to their pre-existing in-kind oil royalty.

Lower Colorado River Authority v. Chemical Bank & Trust Co.

144 Tex. 326 · Texas Supreme Court · Oct 31, 1945

This is so because under the doctrine of ejusdem generis, which is followed in this State, it is a well-established principle of construction that where words particularly designating specific things or classes of things … all and every part thereof shall be inalienable, and not subject to< conveyance, assignment, transfer, pledge, mortgage, or any liability for debt whatever, in any other manner than by the vote of four-fifths of all the qualified

Sheppard v. Hidalgo County

126 Tex. 550 · Texas Supreme Court · Feb 5, 1936

It is expressly provided, and to be held as a condition of the release from the payment of such taxes, that the resident property taxpayers who are qualified voters of Hidalgo County shall by or before October 1, 1924, vote … It appears to have been clearly established in this State and all other states that when taxes once were duly assessed and levied against property in the manner provided by general laws for that purpose, and liability became

Allen, Dennis Lee

Texas Supreme Court · Nov 5, 2015

Nevertheless, the evidence clearly shows that the prosecutor did not show these letters to defense counsel. … The evidence establishes that the prosecutor did not show these letters to either defense counsel.

Beaty v. Missouri, Kansas & Texas Railway Co.

108 Tex. 82 · Texas Supreme Court · Apr 19, 1916

Certainly the established fact that there was no actual danger to Beaty does not constitute a full and sufficient defense to his suit. … The measure of the general duty of a railway company to its passengers has been clearly defined, and is not an open question. In International & G. N. Ry. Co. v. Welch, 86 Texas, 203 , 40 Am. St., 829, 24 S.

in Re Toyota Motor Sales, U.S.A., Inc. and Viscount Properties II, L.P., D/B/A Hoy Fox toyota/lexus

56 Tex. Sup. Ct. J. 1007 · Texas Supreme Court · Aug 30, 2013

While we reiterate our “faith in the integrity of our trial bench as well as that of the appellate bench,” Columbia, 290 S.W.3d at 214, we decline to hold that their decisions are immune from substantive review. … Toyota actually argues that Peterson and the federal model "run[ ] headlong into established Texas law that [generally] precludes appellate review of a new-trial order [or a final judgment] after a subsequent retrial,” see

Martinez, Ariel

Texas Supreme Court · Jan 16, 2015

The Eighth Court’s holding is illogical and clearly erroneous when considered in the context of the questions that preceded the ultimate question concerning the child’s consistency. … Prejudice is established by showing S.W.3d at 814 n. 6.

Diamond Shamrock Refining & Marketing Co. v. Nueces County Appraisal District

876 S.W.2d 298 · Texas Supreme Court · Jun 15, 1994

Thus, there simply was no opportunity for harmony between the states to be disturbed. 3 Read in context, the Michelin Court’s qualification clearly applies only to goods in transit through the state to or from another state … We do not view this mass of oil as a continual flow of singular barrels which independently do not remain in the County long enough to establish a tax situs there.

Beaty v. Missouri, K. & T. Ry. Co. of Texas

185 S.W. 298 · Texas Supreme Court · Apr 19, 1916

Certainly the established fact that there was no actual danger to Beaty does not constitute a full and sufficient defense to his suit. … The measure of the general duty of a railway company to its passengers has been clearly defined, and is not an open question. In Railway v. Welch, 86 Tex. 203, 24 S. W. 390, 40 Am. St.

Neeley v. West Orange-Cove Consolidated Independent School District

49 Tex. Sup. Ct. J. 119 · Texas Supreme Court · Nov 22, 2005

More than half qualify for federally subsidized, free or reduced-price lunches and are therefore categorized by the State as economically disadvantaged. 26 About 15% have limited proficiency in English. … do not now, suggest that one way of school funding is better than another, or that any way is past challenge, or that any member of this Court prefers a particular course of action ..., or that one measure or another is clearly

Columbia Medical Center of Las Colinas, Inc. D/B/A Las Colinas Medical Center v. Athena Hogue, Individually and as of the Estate of Robert Hogue, Jr., Christopher Hogue, and Robert Hogue, Iii

Texas Supreme Court · Aug 29, 2008

Indeed, all the evidence offered regarding the appropriate stat echo response time in this case establishes that Columbia Medical clearly breached the standard of care. Dr. … The standards are established under the common law by qualified experts.

Walraven v. Farmers & Merchants National Bank

96 Tex. 331 · Texas Supreme Court · Mar 9, 1903

The, expression “good faith” is used in the law to qualify many different kinds of actions. Thus a purchaser without notice of a defect or a fraud is called a purchaser in good faith. … On the contrary, the complaint was that the evidence introduced, on the question of fraud vel non, was insufficient to prove fraud and established good faith.

James O. Rogers, William M. Burmeister, Conservative Care, Inc. and Care Affiliates, Inc. v. Victor B. Zanetti, Charles L. Perry and Andrews Kurth, Llp

60 Tex. Sup. Ct. J. 800 · Texas Supreme Court · Apr 28, 2017

They demanded access to the accounts in Burmeister’s hands and to the new bank account established by Rogers. … The plaintiff has the burden of presenting evidence that establishes with reasonable probability that cause in fact exists. Jelinek v.

Stephens County v. Hefner

118 Tex. 397 · Texas Supreme Court · Apr 24, 1929

exemption issued by him, to be paid pro rata by the state and county in proportion to the amount of poll tax received by each, and this shall include his compensation for administering oaths, furnishing certified lists of qualified … It has been repeatedly held that a proposition assumed or decided in order to establish another proposition which expresses the conclusion of the court is as effectually passed upon and settled as the very question directly

Bostic v. Georgia-Pacific Corp.

57 Tex. Sup. Ct. J. 1091 · Texas Supreme Court · Jul 11, 2014

Because most chemically induced adverse health effects clearly demonstrate ‘thresholds,’ there must be reasonable evidence that the exposure was of sufficient magnitude to exceed the threshold before a likelihood of ‘causation … assumption that Bostic’s primary occupation was in construction, because the work history sheets Hammar reviewed made no mention of Bostic’s employment with the TDCJ. 122 “[C]ourts must look beyond the bare opinions of qualified

the City of Keller v. John W. Wilson, Grace S. Wilson, Johnny L. Wilson and Nancy A. Wilson

Texas Supreme Court · Jun 10, 2005

The key qualifier, of course, is “properly applied.” The final test for legal sufficiency must always be whether the evidence at trial would enable reasonable and fair‑minded people to reach the verdict under review. … No jury finding is necessary to establish undisputed facts.”); Clark v. Nat’l Life & Accident Ins.

Chicago, Rock Island & Gulf Railway Co. v. Tarrant County Water Control

123 Tex. 432 · Texas Supreme Court · May 30, 1934

The evidence quoted above also clearly shows that the streams named are navigable in law under a statute which has existed in this State since it was an independent republic. Revised Statutes, Art. 5302. Motl v. … But it is now clearly established in this state, as in 'most states, that the company so builds its road subject to the reserved right of the public to lay out highways, locate drains, establish or improve water ways across

Wal-Mart Stores, Inc. v. Sturges

52 S.W.3d 711 · Texas Supreme Court · Sep 20, 2001

Initial liability depends upon the interplay of several factors and is not reducible to a single rule; and privileges, too, are not clearly established but depend upon a consideration of much the same factors. … For example, a statement made against the plaintiff, though defamatory, may be protected by a complete or qualified privilege. 81 Justification and privilege are defenses in a claim for tortious interference with prospective

Barbara Robinson, Individually and as Representative of the Estate of John Robinson v. Crown Cork & Seal Company, Inc., Individually and as Successor to Mundet Cork Corporation

Texas Supreme Court · Oct 22, 2010

The Legislature clearly intended to limit recoveries only against so-called “innocent” successor companies. … Importantly, Chapter 149 does not make any defendants immune from suit. Chapter 149 limits the remedy under prescribed circumstances.