context: Because Oncor's failure to turn off an existing energized electrical transformer was not contemporaneous with Murillo's injury, it is insufficient to create liability for general negligence. Without evidence of contemporaneous conduct, Murillo's claim against Oncor is "a nonfeasance theory, based on [Oncor's] failure to take measures to .make the property safe," and not an activity "based on affirmative, contemporaneous conduct by [Oncor] that caused the injury."
citation_a.signal: see
citation_a.identifier: 493 S.W.2d 742, 748
citation_a.parenthetical: holding that premises owner had no duty to warn electrical subcontractor of potential for electric shock from condition which subcontractor was hired to repair
citation_a.sentence: See, e.g., Shell Chem. Co. v. Lamb, 493 S.W.2d 742, 748 (Tex.1973) (holding that premises owner had no duty to warn electrical subcontractor of potential for electric shock from condition which subcontractor was hired to repair); Shell Oil Co. v. Songer, 710 S.W.2d 615, 620-21 (Tex.App.-Houston [1st Dist.] 1986, writ ref'd n.r.e.) (concluding that Shell did not have legal duty to protect electrician-contractor by de-energizing electrical system while under repair); Corpus v. K-J Oil Co., 720 S.W.2d 672, 674 (Tex.App.-Austin 1986, writ ref'd n.r.e.) (concluding that premises occupier was not liable for crew-member’s injury when rig boom made contact with overhead electric power line; power line was reasonably apparent condition and did not give rise to duty to warn); Allen v. Tex. Elec. Serv. Co., 350 S.W.2d 866, 868-69 (Tex.Civ.App.-Fort Worth 1961, writ ref'd n.r.e) (affirming take-nothing judgment on grounds that electric service company had no right of control and owed no duty to warn electrical worker hired to repair power lines injured when he came into contact with energized line); see also Le Vonas v. Acme Paper Bd. Co., 184 Md. 16, 40 A.2d 43, 47 (1944) (holding that company that retained independent contractor to hoist steel beams to roof had no duty to warn contractor’s employees who sustained injuries when beam made contact with live wires hanging near cable used to hoist beams), cited with approval in Allen, 350 S.W.2d at 869.
citation_b.signal: see also
citation_b.identifier: 40 A.2d 43, 47
citation_b.parenthetical: holding that company that retained independent contractor to hoist steel beams to roof had no duty to warn contractor's employees who sustained injuries when beam made contact with live wires hanging near cable used to hoist beams
citation_b.sentence: See, e.g., Shell Chem. Co. v. Lamb, 493 S.W.2d 742, 748 (Tex.1973) (holding that premises owner had no duty to warn electrical subcontractor of potential for electric shock from condition which subcontractor was hired to repair); Shell Oil Co. v. Songer, 710 S.W.2d 615, 620-21 (Tex.App.-Houston [1st Dist.] 1986, writ ref'd n.r.e.) (concluding that Shell did not have legal duty to protect electrician-contractor by de-energizing electrical system while under repair); Corpus v. K-J Oil Co., 720 S.W.2d 672, 674 (Tex.App.-Austin 1986, writ ref'd n.r.e.) (concluding that premises occupier was not liable for crew-member’s injury when rig boom made contact with overhead electric power line; power line was reasonably apparent condition and did not give rise to duty to warn); Allen v. Tex. Elec. Serv. Co., 350 S.W.2d 866, 868-69 (Tex.Civ.App.-Fort Worth 1961, writ ref'd n.r.e) (affirming take-nothing judgment on grounds that electric service company had no right of control and owed no duty to warn electrical worker hired to repair power lines injured when he came into contact with energized line); see also Le Vonas v. Acme Paper Bd. Co., 184 Md. 16, 40 A.2d 43, 47 (1944) (holding that company that retained independent contractor to hoist steel beams to roof had no duty to warn contractor’s employees who sustained injuries when beam made contact with live wires hanging near cable used to hoist beams), cited with approval in Allen, 350 S.W.2d at 869.