Legal Opinion

Texas Utilities Electric Co. Ex Rel. Texas Power & Light Division v. Gold Kist, Inc.

Texas Court of Appeals, 11th District (Eastland)

Decided September 19, 1991No. 11-89-241-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

ARNOT, Justice.

Gold Kist, Inc., Durham Pecan Company, Inc., 1 and Columbian Peanut Company sued Higginbotham Bros. & Co. and Texas Utilities Electric Company (TP & L) 2 for damages to their peanuts and pecans resulting from a fire. A Higginbotham truck hit a guy wire attached to TP & L’s pole causing the electrical transmission lines to vibrate and arc. The lines separated, falling across a warehouse where the produce was stored; and the arcing lines ignited the building. The three plaintiffs additionally sued Van-Walls Urethane Contractors, Inc., who installed insulation in Durham’s…

2Cases cited25 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  3. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  4. General Motors Corp. v. SimmonsTexas Supreme Court · 1977
  5. Martinez v. Delta Brands, Inc.Texas Supreme Court · 1974

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3Cited by15 opinions

  1. Malone v. Foster, Texas Court of Appeals, 5th District (Dallas)1997
  2. Wyrulec Co. v. SchuttWyoming Supreme Court · 1993
  3. Gold Kist, Inc. v. Texas Utilities Electric Co.Texas Supreme Court · 1992
  4. Military Highway Water Supply Corp. v. Morin, Texas Court of Appeals, 13th District2003
  5. Anderson v. Market Street Developers, Ltd., Texas Court of Appeals, 11th District (Eastland)1997

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