Texas Utilities Electric Company, Petitioner v. Jackie Byrum Timmons

Summary

The Texas Supreme Court reversed the Court of Appeals and held that a 90-foot electric transmission tower is not an attractive nuisance to a 14‑year‑old who appreciated the danger of high‑voltage lines, affirming the district court’s summary judgment for Texas Utilities. The Court reasoned that the child knew the general risk of electricity and was warned repeatedly, so the attractive‑nuisance doctrine does not apply. The dissent argued that the doctrine should apply because the child’s mental capacity was limited and factual issues remained.