Olivas v. El Paso Electric Co.

The opinion upon the former appeal in this case is reported in (Tex.Civ.App.) 38 S.W.2d 165, to which reference is made for statement of the allegations of the petition.

By reference thereto it will be seen the action is to recover damages for an alleged nuisance and for the death of plaintiff's son under the death by wrongful act statute.

The branch electric line upon the premises described in the petition was erected by appellee in May, 1926, by permission of J. G. Melton, the owner of the premises. The premises were under lease to W. D. Malone. Plaintiffs and their son were subtenants under…