Thoreson v. Thompson

DISSENTING OPINION

GRIFFIN, Justice.

The liability of the defendant is not cast upon the doctrine of res ipsa loquitur. That doctrine was not pleaded or relied upon. Neither is liability founded upon admissions against interest. The plaintiff relied upon negligence. The fact that the fire occurred in the vicinity of the defendant’s truck is not proof of any act of negligence on the defendant’s part. I therefore agree with the opinion of the Court of Civil Appeals. 423 S.W.2d 175.

GREENHILL, J., joins in this dissent.