Jones v. Tarrant Utility Co.

SPEARS, Justice.

Earl and Lucille Jones brought this suit against Tarrant Utility Company (hereinafter T. U. C.) to recover damages allegedly caused by water overflowing from two T. U. C. water storage tanks. The trial court directed a verdict in favor of T. U. C. The court of appeals affirmed. 626 S.W.2d 912. We reverse the judgments of both courts and remand the cause to the trial court for new trial. The issue before us is whether the trial court correctly withdrew the case from the jury and rendered judgment as a matter of law for T. U. C.

In 1962 Mr. Jones built a skating rink in Rendon,…