City of Austin v. Browning

• Citation: 150 S.W. 961
• Parties: CITY OF AUSTIN v. BROWNING et al.
• Decision Date: 23 October 1912
• Court: Texas Court of Appeals

150 S.W. 961

CITY OF AUSTIN v. BROWNING et al.

Court of Civil Appeals of Texas. Austin.

October 23, 1912.

Supplemental Opinion. October 30, 1912.

Appeal from District Court, Travis County; Geo. Calhoun, Judge.

Action by J. F. Browning and others against the City of Austin. Judgment for plaintiffs, and defendant appeals. Reformed and affirmed.

J. Bouldin Rector, of Austin, for appellant. Sandbo & Shelton and J. B. Robertson, all of Austin, for appellees.

RICE, J.

As shown by appellant's brief, this suit was instituted by Guy Browning, a minor 10 years of age, by his next friend, J. F. Browning, and also by J. F. Browning and his wife, the father and mother of said minor, who sued in their own right, against the city of Austin for the recovery of damages for personal injuries to said Guy Browning, occasioned by coming in contact with a live electric wire, which had been broken and was lying across the sidewalk on South Congress avenue in said city. It was alleged that he had been permanently injured on the 12th of May, 1911, by coming in contact with said wire, by which he received injuries from the shock of the electric current, and from severe burns occasioned thereby. The negligence consisted in the alleged failure of the city to repair said broken wire, or remove it from the sidewalk, and in failing to cut off the current of electricity. Appellant answered by general and special exception, general denial, and a special answer denying its negligence in any respect, and especially alleging that, on the night preceding the day on which the accident occurred, a violent wind and rain storm visited the city, breaking its wires in many places, leaving many live wires, exposing its citizens to great injury, and that it used all of its force in repairing the same as speedily as possible, taking the same in the order in which it had been notified; that it had not been notified of this particular break until the morning of May 12th, at 8 o'clock; and that it used all expedition in repairing the broken wire complained of in this suit. There was a jury trial resulting in a verdict and judgment for G. M. Browning for $5,000, and in favor of his father and mother for $349, of which last amount $49 was remitted by them.

Several errors are assigned complaining of the charge of the court, to all of which we have given careful attention, but are of the opinion that the charge accurately and clearly presents the law arising upon the facts, and is not subject to...