Texas Supreme Court

Lower Neches Valley Authority, Petitioner v. Oscar Murphy, Respondents

May 12, 197619 Tex. Sup. Ct. J. 312

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court's grant of summary judgment for the Lower Neches Valley Authority, holding that no duty existed to warn the minor licensee of the canal humps because the licensee had knowledge of the dangerous condition. Justice Johnson concurred, advocating adoption of the Restatement (Second) Torts §342 rule but reaching the same result.