Summary
holding that willful in penalty statute means "with evil intent"
Summary of this case from Nissan N. Am., Inc. v. Tex. Dep't of Motor VehiclesOpinion
App. No. 25432.
Decided February 19, 1941.
Public Utilities — Municipal Corporations.
Articles 1121 and 1122, R.S. 1925, requiring public utilities furnishing water, light, gas or sewerage service, to make reports, has application only to public utilities operating in one municipality.
Error to the Court of Civil Appeals for the Eleventh District, in an appeal from Callahan County.
Suit by the City of Baird against the West Texas Utilities Company to recover a penalty because of defendant's failure to file reports under Articles 1121 and 1122 of R.S. 1925. The trial court sustained a general demurrer, and dismissed the cause. This judgment was affirmed by the Court of Civil Appeals, 145 S.W.2d 965, and plaintiff has brought error to the Supreme Court.
The application is dismissed for want of jurisdiction — Correct Judgment.
Scarborough, Yates Scarborough, of Abilene, for plaintiff in error.
Wagstaff, Harwell, Douthit Alvis, of Abilene, for defendant in error.
We agree with the holding of the Court of Civil Appeals to the effect that Articles 1121 and 1122 apply only to public utilities operating in one municipality. We express no opinion on the other question discussed by the Court of Civil Appeals.
The application is "Dismissed W.O.J. — Correct Judgment."
Opinion delivered February 19, 1941.