Crowell v. Housing Authority of the City of Dallas

McKAY, Justice.

Appellants brought this suit as the children and heirs of Arbe J. Crowell, deceased, alleging under the survival statute, Article 5525, Vernon’s Ann.Civ.St., that their father died as a result of carbon monoxide gas poisoning sustained from a defective gas heater provided in the apartment leased to him by appellee, and that appellee had exclusive responsibility of maintenance and repair. Appellee filed a motion for summary judgment on the ground that there was no genuine issue as to any material fact because the lease contract signed by deceased provided that ap-pellee shall…