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McCORSTIN v. MAYFIELD

No. 15574.

274 S.W.2d 874 (1955)

W. N. McCORSTIN, Appellant, v. E. C. MAYFIELD, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 4, 1955.

Attorney(s) appearing for the Case

Brewster, Pannell, Leeton & Dean and Beale Dean, Fort Worth, for appellant.

B. T. Johnson and Frank A. Ogilvie, Fort Wort, for appellee.

MASSEY, Chief Justice.

E. C. Mayfield, a person subject to epileptic seizures, was the employee of W. N. McCorstin. On December 20, 1951, Mayfield was at work tearing boards or sheathing from the wall of a 16 × 24 ft. "tackroom" in a barn. J. L. Wolfe, another employee of McCorstin, was working in and about the premises. There was a smoldering fire burning in an ordinary washtub in the approximate center of the room where Mayfield was working. The presence of...

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