Case law

Able v. Lee

6 Tex. 427 · Texas Supreme Court · Jul 1, 1851

It surely requires no argument to show that he liad the right to give such other instructions as might be proper to qualify or explain those given and to present tiie law of tiie case clearly and truly to the apprehension … The de- *216 fondant having pleaded payment, the burden of proof rested with him to establish the truth of his plea by evidence of payment. lie had no right to ¡i<k the jury to baso a finding in his favor on conjecture ;

Hornsey v. Bacon

20 Tex. 556 · Texas Supreme Court · Jul 1, 1857

Clearly such was not the intention here. … Nor can the plaintiff claim the benefit of the exception to the general rule, established in Warnell v. Finch, 15 Tex. R. 163.

Public Utility Commission v. Gulf States Utilities Co.

809 S.W.2d 201 · Texas Supreme Court · Jun 19, 1991

The interstate activities of GSU clearly bring it within the reach of the federal regulations. FERC v. Mississippi, 456 U.S. 742, 757 , 102 S.Ct. 2126, 2136 , 72 L.Ed.2d 532, 545 (1982). … However, we believe that it may still be possible for GSU to establish the necessity of the Venture and the contractual rates.

Coultress v. City of San Antonio

108 Tex. 150 · Texas Supreme Court · Jun 21, 1916

"`It is clearly stated that the council shall have power by ordinance to establish its police force. … He qualified and entered upon the discharge of his duties.

in Re Bridgestone Americas Tire Operations, Llc

58 Tex. Sup. Ct. J. 653 · Texas Supreme Court · Apr 24, 2015

At the same time, we bear in mind that the rules are given a liberal construction in order to obtain “a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive … We note that, had the children at issue been adults when suit was filed, the Texas-resident exception clearly would not have applied.

Canales v. Laughlin

147 Tex. 169 · Texas Supreme Court · Oct 20, 1948

Gladney, Jr., be appointed County Tax Collector-Assessor upon his qualifying and taking the oath as required by law, and that Bryan Patterson continue to serve until Mr. Gladney qualified. Motion unanimously carried. … Lay out and establish, change and discontinue public roads and highways. <<* t¡c * * íjí * ❖ * * * “6. Exercise general control over all roads, highways, ferries and bridges in their county.”

Energy Service Co. of Bowie, Inc. v. Superior Snubbing Services, Inc.

50 Tex. Sup. Ct. J. 1045 · Texas Supreme Court · Aug 24, 2007

It does not offend established contract presumptions. See MCI Telecomms. Corp. v. Tex. Utils. Elec. … exchange for employer immunity from claims.

Accident Fund Insurance Company of America and Texas Cotton Ginners' Trust v. Texas Department of Insurance, Division of Workers' Compensation

Texas Supreme Court · Feb 7, 2025

To protect the integrity of the benefits fund and preserve its availability for the deserving, the legislature has established eligibility criteria. … Under either standard, Mendiola’s injury qualifies for benefits.

State Ex Rel. Childress v. County School Trustees

150 Tex. 238 · Texas Supreme Court · Apr 18, 1951

assumption of such indebtedness then such indebtedness shall become valid and subsisting obligations of the said rural high school district, common school district, or independent district; * * Here again the legislature clearly … The history of the Act clearly supports the result reached by. the Court of Civil Appeals.

Greater Houston Partnership v. Ken Paxton, Texas Attorney General And Jim Jenkins

468 S.W.3d 51 · Texas Supreme Court · Jun 29, 2015

Familiar interpretive guides and established canons of construction inform our reading of section 552.003(l)(A)(xii). … Although not dispositive, our conclusion is reinforced by the fact that this construction of the term “supported” is consistent with the scope and nature of the eleven other types of entities more clearly described as a “

Robinson v. Crown Cork & Seal Co., Inc.

54 Tex. Sup. Ct. J. 71 · Texas Supreme Court · Oct 22, 2010

But just as clearly, the plaintiffs interest in the lawsuit itself should qualify as an “entitlement that may be terminated only for cause” that should warrant constitutional protection. Jeremy A. … Finally, even if some manner of affirmative act is, as the dissent suggests, a necessary part of the “settled expectations” test, it is clearly established here.

Calvert v. Zanes-Ewalt Warehouse, Inc.

17 Tex. Sup. Ct. J. 122 · Texas Supreme Court · Dec 12, 1973

merely as one phase of an overall interstate cigarette distribution system; further it asserts that the cigarettes remain in interstate and unbroken transit while in its hands and that during such time the cigarettes are immune … It is the established rule that goods in interstate transit are not subject to local taxation.

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

Texas Supreme Court · Jun 26, 2015

For purposes of Parker, a nonsovereign actor is one whose conduct does not automatically qualify as that of the sovereign State itself.”) … STAT. § 326B.42 (West 2015) (defining “backflow prevention tester” as an individual qualified by training prescribed by the Plumbing Board); MINN.

Central Education Agency v. Upshur County Commissioners Court

30 Tex. Sup. Ct. J. 391 · Texas Supreme Court · Apr 29, 1987

However, the critical difference is that the statute reviewed in Jordan clearly designated the entity to whom the authority was delegated and the action authorized — i.e., the Board of Insurance Commissioners was granted … Article VII, § 1 of the Texas Constitution charges the Legislature “to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.”

Pharr-San Juan-Alamo Independent School District v. Texas Political Subdivisions property/casualty Joint Self Insurance Fund

Texas Supreme Court · Feb 11, 2022

that immunity because the “golf cart” was not a “motor vehicle.” … CODE §§ 101.021(1)(a), .051 (waiving governmental immunity against claims arising from the use of a “motor vehicle” or “motor-driven vehicle”).

State v. Houston Tour & Charter Service, Inc.

14 Tex. Sup. Ct. J. 85 · Texas Supreme Court · Nov 18, 1970

Notwithstanding, it says, it is immune from the statutory requirements because it does not perform the charter bus service over fixed routes and on established schedules. … Section 2 says that all motor bus companies as defined in Section 1 are common carriers and this necessarily includes carriers performing the service by charter arrangements since they clearly come within the terms of the

Woodley v. Adams

55 Tex. 526 · Texas Supreme Court · Dec 20, 1881

Under such facts it rests with the party who attacks such a judgment to show clearly that it is invalid. … doubtless valid against the survivor, who was a party, and she is therein adjudged to be the legal representative of the estate; and it would not be a strained construction of that judgment to hold that it conclusively establishes

Smithson v. Cessna Aircraft Co.

27 Tex. Sup. Ct. J. 229 · Texas Supreme Court · Feb 15, 1984

Smithson may have surprised Cessna when she called an undisclosed expert witness, but the record does not clearly establish that the granting of a continuance or a postponement of the trial would not have sufficiently protected … Smithson could not have become a commercial pilot because he was not qualified. Specifically, Cessna wanted to introduce evidence showing that Mr.

Edinburg Hospital Authority v. Treviño

941 S.W.2d 76 · Texas Supreme Court · Apr 18, 1997

As a result, municipalities enjoyed immunity for more of their functions even though their maximum liability exposure when immunity was waived increased. … Besides the heart, brain, internal organs, and limbs, which are clearly not part of the woman's body, there are other parts such as the umbilical cord that are uniquely part of the baby's body.

Fredericksburg Care Co. v. Perez

58 Tex. Sup. Ct. J. 452 · Texas Supreme Court · Mar 6, 2015

Gov’t Code § 311.023 (establishing principles to assist courts in construing statutes); cf. Lexecon Inc. v. … The Supreme Court distinguished its previous precedent as having applied the Pireno factors to evaluate the phrase "business of insurance” as used in the second MFA clause relating to antitrust immunity.