City of Dallas v. Spainhouer

758 S.W.2d 611 (1988)

CITY OF DALLAS, Texas, Appellant,

v.

Freddie SPAINHOUER, Appellee.

No. 05-87-00435-CV.

Court of Appeals of Texas, Dallas.

August 24, 1988.

Rehearing Denied October 19, 1988.

John E. Kirby, Dallas, for appellant.

Stephen L. Holley, Dallas, for appellee.

Before The Court en banc.

HECHT, Justice.

At issue in this case is whether the City of Dallas must pay Freddie Spainhouer, a photographer for the Dallas Fire Department, for time when he was not on the job but was subject to call. Resolution of this issue depends upon the proper construction of the pre-1987 language of Texas Revised…