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  5. 288 S.W.2d 133 (1955)
 

NORVELL SERVICE COMPANY v. SPELL

No. 5053.

288 S.W.2d 133 (1955)

NORVELL SERVICE COMPANY, Appellant, v. Fullman C. SPELL et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied January 18, 1956.

On Motion for Rehearing February 8, 1956.

Second Motion for Rehearing Overruled March 14, 1956.

Attorney(s) appearing for the Case

Keith, Mehaffy & McNicholas, Beaumont, Leachman, Gardere, Akin & Porter, Dallas, for appellant.

Adams, Browne & Sample, Marcus & Weller, Beaumont, for appellees.

On Appellant's Motion for Rehearing February 8, 1956.

Appellee's Second Motion for Rehearing Overruled March 14, 1956.

WALKER, Justice.

This action is for damages, for personal injuries received on July 17, 1951, by the plaintiff, Fullman C. Spell, in a collision between a truck driven by him and a passenger automobile driven by the defendant Burt Stone. The cause has been tried twice before but the record shows nothing about what happened at these...

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