Conway v. City of Beaumont

Citations

• 61 Tex. 10
• 1884 Tex. LEXIS 34

Syllabus

<p>1. Damages — Pleading.— See statement of ease for facts pleaded held insufficient to render a municipal corporation liable for damages.</p> <p>2. Damages — Municipal corporation.— In a large class of cases no action for damages will lie against a municipal corporation. No fixed rule can be laid down which will embrace every character of tort for which such a corporation is liable; all that can be done with safety is to determine each case on its own facts as it arises. Following Lloyd v. Mayor of New York, 1 Selden. 369; Richmond v. Long, 17 Grattan, 375, and other cases cited.</p> <p>8. Same.— Since a municipal corporation is not uniformly liable for torts of the character attempted to be set forth in the petition, it was the duty of the pleader to set forth the special facts on which the liability in the particular case was claimed.</p>