[DOWNLOAD] "Fritz Klostermann Et Al. v. Houston Geophysical Company" by San Antonio Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Fritz Klostermann Et Al. v. Houston Geophysical Company
- Author : San Antonio Court of Civil Appeals of Texas
- Release Date : January 02, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Plaintiffs, Fritz Klostermann and Chester Johnson, sued Houston Geophysical Company for damages they claim that defendant did to their homes when it performed seismographic operations in connection with its mineral explorations. The trial court sustained exceptions to plaintiffs pleadings, which asserted a cause of action grounded solely upon liability without fault. Defendant urged and here insists that damages resulting from seismographic operations must, in Texas, be grounded upon negligence. The basic question before the Court is whether in such operations Texas follows or will follow the rule of liability without fault or the rule of negligence. Plaintiffs originally alleged, as a basis for recovery, that defendant was negligent, but they took a non-suit with respect to those allegations. That left in this case allegations of strict liability, grounded upon theories of nuisance, trespass and the taking of property.
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