Wachholder v. Kitchens

BROWN, Justice.

Appellees’ property was damaged by the falling of the walls of appellant’s two-story, brick building, during a fire that burned appellant’s said building, in the City of Sulphur Springs, Texas. The allegations of the petition are, in effect, that appellant’s building, and especially the second story, was constructed and maintained in a negligent manner, by reason of the fact that the second story walls were too thin and so negligently constructed that they had cracked, and were bulging, and out of line long prior to the fire, and appellant knew or must have necessarily known of…