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GAINES v. BADER

No. 12460.

253 S.W.2d 1014 (1952)

GAINES et al. v. BADER.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 26, 1952.

Attorney(s) appearing for the Case

Lewright, Dyer, Sorrell & Redford, Corpus Christi, for appellant.

Joe E. Briscoe, Devine, Remy & Burns, San Antonio, for appellee.

POPE, Justice.

This case presents another exercise in Texas' voluminous contribution of legal writings upon the distinction between active and passive negligence. This is an appeal from an order overruling a plea of privilege and concerns the trespass clause of Article 1995, § 9, Vernon's Ann.Tex. Stats.

Ralph A. Bader sued Gaines Brothers to recover damages for personal injuries sustained when he was hit by a truck operated by an employee of Gaines Brothers...

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