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HUIE v. LONE STAR AIR CONDITIONING COMPANY

No. 5168.

486 S.W.2d 182 (1972)

H. K. HUIE, Jr., Appellant, v. LONE STAR AIR CONDITIONING COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 9, 1972.

Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Sailers, John H. McElhaney, Dallas, for appellant.

Strasburger, Price, Kelton, Martin & Unis, John H. Marks, Jr., Dallas, for appellee.

HALL, Justice.

The plaintiff, H. K. Huie, Jr., is the owner-builder of a 300-unit apartment complex. He contracted with the defendant, Lone Star Air-Conditioning Company, for the installation of air-conditioning equipment in the apartments. He brought this action for fire damage to a building containing three of the apartments.

Plaintiff alleged that the negligent use of a blowtorch "too near to combustible material" by defendant's servant while making repairs...

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