Kennerly v. Town of Dallas

This appeal presents two questions for determination: (1) Is the maintenance and operation by the defendant of electric light lines wholly outside of its corporate limits, for distribution of electric current to nonresident customers ultra vires; and, (2) does the complaint sufficiently allege acts of negligence on the part of the defendant proximately causing the death of plaintiff’s intestate?

Notwithstanding the fact that no legal liability is imposed upon the defendant by reason of the negligent conduct of its officers and employees in committing an act or conducting a business that is…