Baker v. Knight

HAE.E, ^Justice.

This is a joint appeal from an order overruling two pleas of privilege. The controlling questions presented for decision are (1) whether the intentional discharge of cyanide gas in one compartment of a building for the purpose of fumigation, without notice or warning thereof to an occupant of another portion of the building and without taking proper precautions to prevent injury therefrom, constitutes the commission of a trespass within the meaning of Sub. 9 of art. 1995 of Vernon’s Tex. Civ.Stats. and, if so, (2) whether the employer of an independent contractor who commits…