Plato Reorganized School District No. R-5 of Texas v. Intercounty Electric Cooperative Ass'n

HENLEY, Presiding Judge.

This is an action for $149,609.30 as damages for the destruction of plaintiff’s school building by fire allegedly the result of defendant’s negligence in the installation of certain parts of the building’s electrical system. Defendant’s motion to dismiss was sustained and the action dismissed. Plaintiff appeals. We reverse and remand.

Plaintiff’s petition was in two counts, the first alleging general negligence; the second, breach of implied warranty. The second count was voluntarily dismissed by plaintiff; it is no longer in the case and we take no further notice of…