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Moore v. El Paso Chamber of Commerce

Texas Court of Civil Appeals
220 S.W.2d 327 (1949)


Facts

The El Paso Chamber of Commerce (defendant) promoted its annual rodeo and livestock show by encouraging citizens to dress western. Those not wearing western attire in public could be roped, put in corrals, and lightly shocked in an electrified hot seat until they purchased either rodeo tickets or neckerchiefs to wear. The Chamber did not hire anyone to rope people, but had a representative supervising the corrals, and young men volunteered to rope people and bring them to the corrals. Claude Weaver joined in for a day and a half, roping and bringing in people. Weaver and two other ropers approached Moore (plaintiff) and her mother downtown, saying “Let’s get that girl” or “Let’s get that one.” The two women ran into a hotel drugstore to avoid being roped. Weaver chased them. When Moore tried to escape into the adjoining hotel, she put her hand through a glass door panel, suffering severe cuts. Moore sued the Chamber for assault. The jury found that the ropers were acting within the Chamber’s scope of authority, that Weaver was negligent, and that Moore suffered damages. However, because the jury found Moore was also negligent, the trial court ruled that contributory negligence barred any recovery. Moore appealed.

Rule of Law

Issue

Holding and Reasoning (Sutton, J.)

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