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HELMS v. HARRIS

No. 15634.

281 S.W.2d 770 (1955)

Jennie V. HELMS, et vir, Appellants, v. S. D. HARRIS d/b/a Harris Bros. Super Market No. 1, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied September 16, 1955.

Attorney(s) appearing for the Case

A. Foy Curry, Jr., and Ernest May, Fort Worth, for appellants.

Cantey, Hanger, Johnson, Scarborough & Gooch and David O. Belew, Jr., Fort Worth, for appellee.

MASSEY, Chief Justice.

Plaintiff Jennie V. Helms, a patron of a market operated by defendant S. D. Harris, was standing by the checking stand conversing with defendant when a masked bandit approached and pointed a revolver at the defendant. The defendant spoke words indicating that he was submitting to the holdup, and then, upon the bandit's momentarily glancing toward the rear of the store to see if his activity was being observed, grabbed the bandit's revolver and...

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