Legal Opinion · Dissent

Texas Power & Light Co. v. Jezek

Court of Appeals of Texas

Decided May 2, 1957No. 3430Published

1DissentHale, Justice

I respectfully enter my dissent to the judgment and opinión rendered and handed . down in this cause, affirming the 'judgment of the court below,' because I believe the evidence in the cáse raised the issue of unavoidable accident. ‘ '

The evidence shows that Dick Jezek had climbed a pole to which electric wires of appellant were fixed, straddled the pole and set on a telephone cable which' was thirty-six inches below the lowest electric wire, and caught hold of tile, electric wire and was killed. The lower wire was something like six or eight inches above the . deceased’s .head after he'…

2Cases cited11 opinions

  1. Dallas Railway & Terminal Co. v. BaileyTexas Supreme Court · 1952
  2. Colorado &. S. Ry. Co. v. RoweTexas Commission of Appeals · 1922
  3. Dallas Ry. & Terminal Co. v. DardenTexas Commission of Appeals · 1931
  4. Humble Pipe Line Co. v. KincaidCourt of Appeals of Texas · 1929
  5. Blanton v. E. & L. Transport Co.Texas Supreme Court · 1948

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