Humble Oil & Refining Company v. Whitten

POPE, Justice.

Plaintiff, John David Whitten, recovered a judgment upon a jury verdict against Humble Oil & Refining Company for injuries he sustained in a fall from the top of an oil storage tank. Humble had supplied the tank to Delta Drilling Company, Whitten’s employer. The tank when delivered by Humble to Delta was not equipped either with a ladder or a gauge. The court of civil appeals affirmed the judgment of the trial court. 415 S.W.2d 287. In our opinion, all of the evidence shows that plaintiff’s fall was the result of a new and intervening cause. We reverse the judgment of the courts…