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Boa. Parker We y, page 2. (v9) & damage resulted to the furniture and -da- peries, .The insecticide tia iixd vith diesel fuel for spraying and in many expects vas different from the insecticide used in spray- ing the interiors of houses. The owners of the house are pressing a claim against the County. for damages. The aw is vell settled that a.county is a governmental agency and, as such, id not liarele for the neC1.igent acts of its agents or emP oyees unless. liability therefore has .been specifically or impliedlyprdvtded by statute B*' issaird V.' Webb Cunty,128 S.VW.2d 475 (Tex.o CfvArp . 3P939)a oe. l vo e rColorado Rivet@ Authority. 153i S. 2. 5 (Tex-i. A pp. 1942) .At Gp. Op. V317 (194V ) . 1-"
Si~qi there is no statute waking county tabIb for the tortius acts of its it is our -opinion that Jim.Wells Co nty is 'liable for. the. vrongful act. of .-an employee spraying tbie insecticide.
a. agents, not in
LJimL ellks County is a .overnmntal agency,. and,as sth -is not liable f "the v wrongful act of an empoy in spraying the interior a.o-a private residene- ivth .i insecticide .intended.for outside use.
APPROVEDj J. C. -DaA Jri County AtffIat a.Division Jesse P. T4itor, f. Re viewing Ass ttant Everett HutcEinsaon Executive AsiStatnt
Yourd very truly, ftRICE DANIiL Attorney Genpera. BAsisan .seitent