Tuesday, September 23, 2008

RELIGIOUS FREEDOMS IRREPARABLE INJURIES

NO COMPROMISING FAITH, IRREPARABLE INJURIES

"IRREPARABLE INJURY" IS INJURY WHICH CANNOT BE COMPENSATION CANNOT BE MEASURED BY ANY CERTAIN PE CUNIARY STANDARD AND INJURY MUST BE ACTUAL AND SUBSTANTIAL OR AN AFFIRMATIVE PROSPECT THERE OF AND NOT A MERE POSSIBILITY OF HARM BEFORE PERMANENT INJUNCTION WILL ISSUE.
PARKEM INDUS. SERVICES, INC. V. GARTON 619S.W.2d 428

CA TEX 1981 INADEQUATE REMEDY AT LAW AND IRREPARABLE INJURY SHOULD EXIST BEFORE COURTS GRANTS INJUNCTIVE RELIEF.
Baldwin Metals Co. Inc. V. Donovan 642 F.2d 768 certiorari denied Mosher Steel Co. V. Donovan 102S.Ct 389 454 U.S.893, L.Ed.2d 207

DC TEX 1974 Public official exercising discretion while performing his duty in possesses qualified priviledge, precluding individual liability for performance of official responsibilities if undertaken in good faith, but privilege is not absolute and must be give way if acts done within scope of official duty are performed in bad faith.
Crawford V. City of Houston, Tx 386 F.Supp187

TEX CIV APP 1944 Public officers are not liable for negligence of their subordinates unless they co-operate in, direct,or encourage the act conplained of.
Tumlinson V. City of Brownsville 178 S.W.2d. 546 error refused

TEX CIV APP 1963 Breach of Contract may be tortious.
Bulter V. Lopez 367 S.W.2d 868

TEX APP 2DIS TEX 1983 Invasion of privacy is willful tort which is constitutes legal injury.
Gill V. Snow 644 S.W.2d 222

TEX CIV APP 1975 Where third party knowingly participates in breach of duty of fiduciary, such third party becomes joint tort feasor with fiduciary and is liable as such.
Herider Ins. Co. V. Clarke 471 S.W.2d. 901 ref. n.r.e

TEX CIV APP 1971 Violation of any statute,ordiance,administrative order, or basis of duty is usually classified as negliance per se.
Sheppard V. Judkins 476 S.W.2d 102 ref n.f.e.

TEX CIV APP 1967 A person is not bound to anticipate negligent or unlawful conduct on the part of another.
Missouri Pac.R. Co. V. Corpus Christi Hardware Co. 414 S.W. 2d. 185 n.f.e.

TEX CIV APP 1956 In order that an act of omission to act shall be deemed negligent asa matter of law, it must be deemed negligent as a matter of law, it must be done or permitted contrary to a statutory duty or it appear so opposed to dictates of common prudence that it could be said, without hestitation or doubt, that no careful person would have committed permitted it.
Ice Service Co. V. Scruggs 284 S.W.2d ref 185 n.f.e.

NEGLIGENCE- is failure to do that which person of ordinary prudence would have done under same or similar circumstances or doing that which person of ordinary prudence would not have done under the same or similar circumstances.
Dickson V. J. Weingarten Inc. 498 S.W.2d 388

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