Imperial Production Corp. v. City of Sweetwater‪.‬

Imperial Production Corporation and Nottingham sued the City of Sweetwater, Texas for damages for the destruction of their airplanes by fire allegedly as the proximate result of negligence on the part of the agents, servants or employees of the City. The City owned and operated an airport in connection with which it rented to the Corporation and to Nottingham space in a hangar for storage of their airplanes and other equipment. On March 20, 1951, the hangar and the airplanes and belongings stored therein were consumed by fire. The district court sustained the Citys motion to dismiss on the ground that the City is exempt from liability for its negligence by virtue of having adopted the Municipal Airport Act of the State of Texas, Article 46d, Sections 1 through 22, Revised Civil Statutes of Texas, Vernons Ann.CivSt. This appeal followed.