Legal Opinion

Gowen Ex Rel. Gowen v. Willenborg

Court of Appeals of Texas

Decided March 28, 1963No. 14081PublishedCited by 11 opinions

1Opinion of the Court

COLEMAN, Justice.

This is an attractive nuisance case. The trial court rendered a summary judgment in favor of the defendant.

Appellee erected a billboard on leased premises near the intersection of Gulf Freeway and Berkley Street in the City of Houston, Texas. John L. Gowen, a child eleven years of age, attempted to climb the sign on some step-like projections formed by the supporting structure of the sign. When he reached a point near the top of the sign, wasps emerged from a partially concealed nest and stung him. He started climbing down and fell when he missed his footing. As a result of…

2Cases cited5 opinions

  1. Banker v. McLaughlinTexas Supreme Court · 1948
  2. Eaton v. R. B. George Investment, Inc.Texas Supreme Court · 1953
  3. Stimpson v. Bartex Pipe Line Co.Texas Supreme Court · 1931
  4. Massie v. CopelandTexas Supreme Court · 1950
  5. Gulf Production Co. v. QuisenberryTexas Supreme Court · 1936

3Cited by11 opinions

  1. Nicholson v. Herman, Texas Court of Appeals, 4th District (San Antonio)1999
  2. Overstreet v. GIBSON PRODUCT CO., INC., ETC.Court of Appeals of Texas · 1977
  3. Williams v. GibbsCourt of Appeals of Georgia · 1971
  4. Wamser v. City of St. PetersburgDistrict Court of Appeal of Florida · 1976
  5. Gamble v. Peyton, Texas Court of Appeals, 9th District (Beaumont)2005

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