Moore v. El Paso Chamber Of Commerce

220 S.W.2d 327 (1949)

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Nature of the Case

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Facts

D sponsored a rodeo, and invited and encouraged the residents to go 'Western' during that week by wearing some sort of distinguishing dress or regalia. D maintained in the downtown district one or more 'corrals.' A citizen was placed in charge of the corrals who was from time to time relieved by another. Located in this corral was a 'hot-seat' a chair wired with hot wires. There were numerous attendants in and about the corral. There were supplied and used in connection with the corrals, wagons. These wagons, two or more in number, moved over the streets through the city accompanied by men, usually younger men, supplied with 'lassos' or ropes. People on the streets who were not attired in some sort of western regalia were roped and lifted into wagons and conveyed to the corrals and there 'corralled' and many of them invited or caused to occupy the hot seat, wherein they were lightly 'shocked.' There were also men engaged about the corrals who apprehended people passing on the streets in the vicinity of the corrals and likewise subjected to the 'horseplay' of the corrals and were released when they purchased rodeo tickets or handkerchiefs, which handkerchiefs when worn about the neck satisfied the attire requirements. P and her mother had been downtown shopping when they were approached by three young ropers. One of them said: 'let's get that girl,' or 'let's get that one.” P was a young woman just past seventeen and married for some two months. P said to her mother 'Let's duck in here', and ran into the drug store. One of the young men with his rope followed her. P said she was frightened and not interested in the play and sought to escape from the drug store into the lobby of the Hilton where she thought she would be safe from the apprehension. P ran against a door and pushed her left hand through the glass and received very severe cuts and residual serious injuries to her hand, wrist, and fingers, and thumb. P sued Ds. D claims that the person or persons who were responsible were not agents, servants, or employees of it and it had no control over them. D also pleaded contributory negligence. The jury found Ds negligent but also that P was contributorily negligent as well. The court held that P’s contributory negligence barred her recovery. P appealed.