Hays v. Texan, Inc.

SPEER, Justice.

Plaintiff Leon Hays sued The Texan, Inc., a corporation, and R. C. Levy for damages sustained when he jumped from the fifth story of a hotel building operated by defendants, to avoid being burned to death when the building wás consumed by fire., The trial court sustained special exceptions to plaintiff’s petition, and when he declined to amend, the case was dismissed; from the judgment of dismissal plaintiff has appealed.

The amended pleadings upon which plaintiff relied alleged that defendants jointly operated the hotel, and that he was a paying guest at the time of the fire.…