Texas Attorney General Opinion: V-653 Page: 1 of 3
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THE ATTORNEY GrIENERAL
AUSTIN 11, IEXA
August 6, 1946
Hen. 8. C. Smith Opinion No. V-653
Bosque County Re: Authority of the Commission-
Meridian, Texas ers' Court to compromise
and pay a claim for damages
resulting from the collapse
of a county bridge.
We refer to your letter in which you submit
"Several months ago a gravel truck was
crossing a bridge over the Bosque River on
a County Road when the bridge gave way and
the truck fell some twenty feet into the
stream and killed the driver.
"The widow of the driver, for herself
and her minor children is about to bring
suit against Bosque County but have agreed
to compromise their suit and settle for
"We realize the general rule that a
County is not liable for the negligence of
its agents and that Bosque County could not
legally pay a claim based on negligence if
presented through channels.
"However, our question is, 'Can Bosque
County by way of compromise of a law suit
to avoid the payment of attorneys fees, wit-
ness fees and other costs, legally pay $350.-
00 for the complete settlement and dismissal
of said claim?"
In G. H. & S. A. Ry. Co. v. Uvalde County, 167
S. W. 2d 305, error refused, the Court of Civil Appeals
followed the rule of decision in prior cqted cases, say-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-653, text, August 6, 1948; (texashistory.unt.edu/ark:/67531/metapth265472/m1/1/: accessed November 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.