Donnie Thoreson v. D. F. Thompson by The Texas Court of Criminal Appeals

Donnie Thoreson v. D. F. Thompson

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Description

This is an action for damages for the negligent destruction by fire of a wheat crop. The landowner-petitioner, Thoreson sued Thompson, a professional in the custom-cutting business, alleging that the act of Thompsonss employee Leslie, in driving defendants two ton truck into the wheat stubble was negligence which proximately caused the fire and destroyed the wheat. The jury in response to special issues so found, and judgment was rendered for Thoreson for $7380.00. The court of civil appeals reversed this judgment and rendered judgment that plaintiff take nothing. 423 S.W.2d 175. The predicate for this holding was twofold: first, that there was no evidence that "the fire was caused by any negligence traceable to appellant or his employees." Second, that there was no evidence that driving the truck into the stubble was negligence. We disagree.

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