Texas Supreme Court
C. H. Landers v. East Texas Salt Water Disposal Company
April 2, 1952151 Tex. 251
Summary
The Texas Supreme Court held that the plaintiff's petition alleged sufficient facts to support a joint and several liability claim against both defendants, so there was no misjoinder of parties or causes of action; consequently the trial court's order severing the case and dismissing the damages claim was improper. The Court reversed the lower courts' judgments and remanded for further proceedings consistent with this opinion. Justice Garwood, dissenting, argued that the trial court erred in sustaining the pleas in abatement and that the suit should be reinstated without deciding the substantive liability issue.