Smith v. Texan, Inc.

BROWN, Justice.

This case arises out of the disastrous fire that consumed The Texan Hotel in Wichita Falls, Texas, and is a companion case to that of Hays v. The Texan, Inc., et al., Tex.Civ.App., 174 S.W.2d 1006, and the trial court sustained the special exceptions urged against plaintiffs’ petition by both defendants, viz., The Texan, Inc., owner of the hotel building, and R. C. Levy, lessee and operator of the hotel, and the cause was dismissed, when plaintiffs declined to amend. The plaintiffs, who are the surviving wife and children of W. Ernest Smith, a guest who lost his life in the…