Strickland v. City of Odessa
| Decision Date | 28 April 1954 |
| Docket Number | No. 5012,5012 |
| Citation | 268 S.W.2d 722 |
| Parties | STRICKLAND v. CITY OF ODESSA. |
| Court | Texas Court of Appeals |
Shelby H. Blaydes, Connell Ashley, Hart Johnson, Ft. Stockton, for appellant.
Walter H. Acreman, Asst. City Atty., Melvern G. McDonald, City Atty., Odessa, for appellee.
Mrs. Marybelle Strickland, a widow, as plaintiff, brought this suit against the City of Odessa, Texas, as defendant, to recover damages for the death of her husband, Jack Strickland, Deceased, who died in a room known as 'the tank' in the City Jail of Odessa, Texas, as the result of injuries inflicted upon him by other persons who were also confined in 'the tank'. Plaintiff alleged that 'the tank' was a concrete room in the basement of the City Jail in which all classes of prisoners were confined together, that they had no supervision whatsoever by city officers, and that it was extremely dangerous to the physical welfare of prisoners to so confine them in 'the tank', all of which was well known to the City Council of the City of Odessa, Texas, long prior to the death of plaintiff's husband, and consequently that the City of Odessa, in using said tank to confine prisoners, maintained and operated a nuisance, which caused the death of plaintiff's husband. The defendant City of Odessa filed an answer and in special Exception number one of said answer asserted that the plaintiff could not maintain her suit because the maintenance and operation of 'the tank' in the city jail was a govermental function for which the City could, under no circumstances, be liable to plaintiff. The trial court sustained such special exception and this appeal by the plaintiff resulted.
There is, of course, only one point of error urged by appellant and that is her contention that the trial court erred in sustaining defendant's special exception. Appellant maintains that 'the tank' in which appellant's husband was killed constituted a nuisance as maintained by the city, and therefore the City of Odessa was liable for the death of Mr. Strickland.
It has been well established in this state that a municipal corporation is ordinarily not liable for injuries resulting from the performance of governmental functions, and there seems to be no controversy here that the city was performing a governmental function and not engaged in a proprietary activity. Appellant alleges that the city is nevertheless liable because it had created a nuisance and permitted the nuisance to endure in spite of complaints and that such action created liability on the part of the city.
It is, however, only too clear that the jail containing 'the tank' was not by virtue of its construction necessarily a nuisance. Appellant describes the construction of the tank, pointing out that it is below the surface of the ground; that its walls are concrete and that it has only one door which is constructed of solid iron; also that there is no bed or bedding, furniture or commode, there being only a small drain in the concrete floor. Also that it was impossible to see into the tank from the outside without opening the iron door, and very difficult to hear...
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City of Waco v. Hester
...Act's adoption, a city was immune from liability for injuries to inmates resulting from the negligence of its jailers. Strickland v. City of Odessa, 268 S.W.2d 722, 723 (Tex.Civ.App.--El Paso 1954, no writ); Stinnett v. City of Sherman, 43 S.W. 847, 849 (Tex.Civ.App.1897, no writ). However,......
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Crow v. City of San Antonio, 12967
...be decided by the finder of facts. 31 Tex.Jur. 421, § 11; Walker v. City of Dallas, Tex.Civ.App., 278 S.W.2d 215; Strickland v. City of Odessa, Tex.Civ.App., 268 S.W.2d 722; City of San Angelo v. Sitas, 143 Tex. 154, 183 S.W.2d 417. We do not find it necessary to determine whether or not th......
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