Journal of the House of Representatives of the Regular Session of the Sixty-Second Legislature of the State of Texas, Volume 2 Page: 1,990
1981-4109 p. ; 23 cm.View a full description of this legislative document.
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1990 HOUSE JOURNAL
13, 1966 while attempting to stop his automobile short of said tracks; and
that because of such injuries judgment was entered against said Southern
Pacific Transportation Company and in favor of James Leo Huth on De-
cember 12, 1968 in the United States District Court for the Southern Dis-
trict of Texas, Brownsville Division, in the amount of Sixty Thousand, One
Hundred Seventeen Dollars and eighty-five cents ($60,117.85), plus costs
and interest; which judgment and interest, in the total amount of Sixty-
four Thousand, Thirty-nine Dollars and six cents ($64,039.06), have been
paid and satisfied; and
Whereas, Southern Pacific Transportation Company desires to institute
suit against the State of Texas for indemnity due it as a result of the said
maintenance contract with the State of Texas and the failure of the State
of Texas to so maintain said highway; now, therefore, be it
Resolved by the Senate of the State of Texas, the House of Representa-
tives concurring, That the Southern Pacific Transportation Company is
hereby given permission to sue the State of Texas in any court of compe-
tent jurisdiction. In case such suit is filed, service of citation or any other
necessary process shall be made upon the Attorney General of the State of
Texas. Either of the parties to the suit shall have the right of appeal, as
in other civil cases; and, be it further
Resolved, That the sole purpose of this Resolution is to grant the afore-
said Southern Pacific Transportation Company permission to bring suit
against the State of Texas, and no admission of liability of the State or of
any fact is made in any way by the passage of this Resolution, and it is
specifically provided that the facts upon which it seeks to recover must be
proved in court as in other civil cases.
The resolution was referred to the Committee on Judiciary.
SCR 47-REFERRED TO COMMITTEE
(Granting Ellis D. Wheeler permission to sue the state, et al)
The Speaker laid before the House the following resolution:
SCR 47
Whereas, In 1963 and prior thereto, Ellis D. Wheeler of Jefferson Coun-
ty, Texas was the owner of a portion of lots 5 and 6, Block 19, Range "I" of
the lands of the Port Arthur Land Company, according to map or plat
thereof recorded in Volume 1, Page 22, map records of Jefferson County,
Texas, and being further identified as tract 9-A, R. W. 65-8-55, United
States Highway No. 69; and
Whereas, It is alleged on or about the 14th day of February, 1963, the
State of Texas, acting by and through the State Highway Department, caus-
ed or brought about the forcible eviction of Ellis D. Wheeler from the lands
and premises hereinabove described, and it is further alleged that the sher-
iff of Jefferson County, acting under authority of the State Highway De-
partment, did forcibly remove from said premises furniture, fixtures, cloth-
ing, and other property belonging to the said Ellis D. Wheeler, all without
his consent and over his objections; and
Whereas, It is further alleged that Ellis D. Wheeler sustained property
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Sixty-Second Legislature of the State of Texas, Volume 2, legislative document, 1971; (https://texashistory.unt.edu/ark:/67531/metapth193893/m1/14/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.