John Strakos, Petitioner v. John H. Gehring, Respondent; N. M. Hubbard, Inc., Petitioner, v. John H. Gehring And…

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and held that both John H. Gehring, the contractor who moved the fence, and N. M. Hubbard, Inc., the subcontractor, were liable to John Strakos for his injuries caused by an unfilled post‑hole left after the work was accepted. The Court also applied Article 2212, requiring each to contribute half of the judgment to the other. Justice Griffin dissented, maintaining the traditional "accepted work" doctrine and finding Gehring not liable.