Legal Opinion · Dissent

Zuniga v. Storey

Court of Appeals of Texas

Decided April 4, 1951No. 12197Published

1Dissent

*128W. O. MURRAY, Chief Justice

(dissenting) .

I am unable to agree with the opinion of the majority and therefore respectfully enter my dissent.

The evidence as I view it fails to show that appellees or their employees were guilty of negligence which enabled the Brahman bull “Hitler” to escape from the Sports Arena in Brackenridge Park.

The evidence fails to show that this bull was known to appellees to be a vicious and dangerous animal. The fact that he proved to be vicious on the occasion in question does not establish the fact that appellees had prior knowledge of his vicious propensities. The…

2Cases cited5 opinions

  1. McKee v. TrislerIllinois Supreme Court · 1924
  2. Walker v. NickersonMassachusetts Supreme Judicial Court · 1935
  3. Saxton v. BaconSupreme Court of Vermont · 1859
  4. Fraser v. ChapmanMassachusetts Supreme Judicial Court · 1926
  5. Hill v. StateCourt of Criminal Appeals of Texas · 1910

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