Texas Utilities Electric Co. v. Timmons

joined by PHILLIPS, Chief Justice, CORNYN, ENOCH, OWEN, BAKER and ABBOTT, Justices.

The sole question in this ease is whether, as a matter of law, a 90-foot electric transmission tower is an attractive nuisance to a 14-year-old boy. The district court answered no, granting summary judgment for the defendant. The court of appeals answered yes. 917 S.W.2d 84. We agree with the district court.

After spending the evening drinking beer and malt liquor at a friend’s house, Billy Edwin Byrum, age 14, walked • outside and down the street about half a block to a utility tower and began to climb it. The…