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HOOPER v. M M CATTLE COMPANY

No. 6471.

278 S.W.2d 170 (1955)

Ernest M. HOOPER, Appellant, v. M M CATTLE COMPANY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied April 11, 1955.

Attorney(s) appearing for the Case

Mullinax & Wells, Dallas, and James P. Linn, Spearman, for appellant.

Sanders, Scott, Saunders & Smith, Amarillo, for appellee.

NORTHCUTT, Justice.

This was an action brought by appellant, Ernest M. Hooper, for damages for the death of his nine year old son who drowned June 10, 1949 in a pool of surface water impounded by Borger Properties, Inc., when the latter dammed up a natural drain-way for the construction of a housing project in Borger, Texas. Borger Properties, Inc., was not made a party to this suit. Originally J. A. Whittenburg, Jr. and Roy R. Whittenburg, both individually and as...

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