Owen Development Company v. Roy Calvert Et Al

This suit was filed by respondents against petitioner to recover damages for the depreciation in cash market value of certain personal property, as well as damages for the loss of use of a part of that property. The pleadings alleged that the petitioner, through its servants and agents, negligently (1) set fire to some grass near the building in which said personal property was situated at a time when neither of the respondents or any of their employees were present, (2) negligently failed to completely extinguish the grass fire before leaving it, and (3) negligently failed to properly watch and inspect the premises after setting the grass fire, and that each act of negligence was a proximate cause of the damages sustained by respondents. The pleadings alleged an additional item of damages and sought to recover the sum of $760.00 covering the sum money paid by respondents for services of employees in cleaning up the debris after the fire. As to this item, the Court of Civil Appeals required and the respondents filed a remittitur, therefore, there is no issue in this Court relative thereto.