Southwestern Electric Power Co. v. Grant

filed a concurring opinion,

in which Justice JEFFERSON joined.

In Texas, absent actual knowledge, utilities are not liable for dangerous conditions on customers’ property.1 Because SWEP-CO had no actual knowledge of any dangerous condition on Grant’s property, it owed her no duty as a matter of law. I therefore agree with the Court’s judgment. But I am not prepared to go where the Court boldly goes. Because SWEPCO owed no duty, the Court need not decide whether SWEPCO’s tariff, which insulates it from liability for personal injury damages, is enforceable. That question I would not decide today.

I