Bearden v. Lyntegar Electric Cooperative, Inc.

JOY, Justice.

This is an appeal from an order sustaining the defendant’s plea of privilege. Reversed and remanded.

On August 25, 1968, the plaintiff R. S. Bearden, Jr., resided and conducted a hog feeding business in Terry County. Bear-den’s hogs were housed in a “bacon bin” that was climatized. The bacon bin was thermostatically controlled and depended upon electricity for its heating, air conditioning, ventilation, and water supply. About 11:30 a.m. in the morning of August 25, 1968, Bearden and his wife left their home to visit Bearden’s brother, who lived approximately 35 miles away. When…