Dobson v. Don January Roofing Co.

The opinion of the Court of Civil Appeals is reported in 392 S.W.2d 153.

Horton B. Dobson and wife seek by their suit to recover damages from Don January Roofing Co., Inc. Their suit grows out of damage to their residence from a fire alleged to have been caused by the negligence of defendant’s employee in allowing hot ashes to fall from a cigarette he was smoking onto the roof of plaintiffs’ house which' he was repairing. Defendant filed a motion for summary judgment to which was attached an affidavit of the employee. The plaintiffs filed a reply to the motion for summary judgment to which…