EATON v. R. B. GEORGE INVESTMENTS

No. A-4003.

260 S.W.2d 587 (1953)

EATON et al. v. R. B. GEORGE INVESTMENTS, Inc.

Supreme Court of Texas.

Rehearing Denied October 7, 1953.


Attorney(s) appearing for the Case

Roland Boyd, and Ed. Veigel of McKinney, and Robertson, Jackson, Payne, Lancaster & Walker, Dallas, for petitioners.

Leachman, Matthews & Gardere and Henry D. Akin, Dallas, for respondents.


CALVERT, Justice.

The opinion handed down in this case on May 6th is withdrawn and the following is substituted therefor:

This is a suit for damages growing out of the drowning in a cattle dipping vat of Ginger Dale Ensley, three year and eight months old stepdaughter of F. W. Eaton.

The pleading on which the plaintiffs went to trial shows beyond any doubt that the effort to establish liability of the defendant was predicated on the so-called attractive...

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