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HURLEY v. McMILLAN

No. 12658.

268 S.W.2d 229 (1954)

HURLEY v. McMILLAN.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied May 20, 1954.

Attorney(s) appearing for the Case

Ingram & Moore, Wharton, Robertson, Jackson, Payne, Lancaster & Walker, Otis Gary and D. L. Case, Dallas, for appellant.

J. J. Duckett, El Campo, John L. Hill, Jr., and W. James Kronzer, Houston (Duckett & Duckett, El Campo, Hill, Brown, Kronzer & Abraham, Houston, of counsel), for appellee.

CODY, Justice.

This was an action between appellee, U. S. McMillan, and appellant, Charles W. Hurley, to recover damages for personal injuries, as well as for damage to appellee's automobile, alleged to have been caused by the negligence of appellant, Charles W. Hurley, when the automobiles of the parties collided after dark on December 13, 1951, near El Campo, Texas. Appellant has represented, and appellee has not denied, that the collision occurred on the shoulder...

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