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McCane-Sondock Protection Systems, Inc. v. Emmittee

Court of Civil Appeals of Texas
540 S.W.2d 764 (1976)


Facts

James Emmittee (plaintiff), who owned a liquor store, hired McCane-Sondock Protection Systems, Inc. (McCane-Sondock) (defendant) to install an alarm system at the store. After completing the installation, McCane-Sondock employees failed to test the system to determine whether it functioned properly. Subsequently, an individual robbed the store at gunpoint. Although Emmittee and a store employee pressed the alarm buttons, the police were never notified. It was later determined that the McCane-Sondock employees failed to connect the wires leading from the hold-up button to the burglar-alarm control panel. At a jury trial, there was testimony that, had the police been notified, they would have arrived within several minutes. There was additional testimony that the robber remained in the store for nearly 10 minutes. Consequently, the jury determined that Emmittee’s loss was the proximate result of the McCane-Sondock employees’ failure to install the alarm equipment properly. The jury held for Emmittee and awarded him $6,839 in damages. McCane-Sondock appealed.

Rule of Law

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Issue

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Holding and Reasoning (Brown, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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