SHILLINGS v. MICHIGAN MILLERS MUT. INS. CO.

No. 918.

536 S.W.2d 627 (1976)

Leon SHILLINGS et al., Appellants, v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied May 20, 1976.


Attorney(s) appearing for the Case

Tom McLeroy, McLeroy & McLeroy, Center, for appellants.

John L. Price, Fairchild, Hunt & Price, Center, for appellee.


McKAY, Justice.

Appellants brought suit against appellee on an insurance policy for damage to a caterpillar tractor as a result of a tree accidently falling thereon. Trial was had before the court upon an agreed statement of facts, and the court rendered a take nothing judgment against appellants, from which they appeal.

The caterpillar tractor was used for clearing land and building stock ponds. In using the equipment in cutting large trees the operator causes...

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