HEIGHTS FUNERAL HOME v. McCLAIN

No. 5090.

288 S.W.2d 839 (1956)

HEIGHTS FUNERAL HOME, Appellant, v. Olivia McCLAIN and Husband, Alex McClain, Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied March 28, 1956.


Attorney(s) appearing for the Case

George Red & Pat N. Fahey, Houston, for appellant.

Chilton Bryan, Houston, for appellees.


ANDERSON, Justice.

The appellant, Heights Funeral Home, as plaintiff, sued appellees, Olivia McClain and her husband Alex McClain, who will also be referred to as defendants, to recover damages because of the impairment suffered by one of its ambulances when the ambulance was in collision with an automobile that was being driven by Mrs. McClain. The defendants filed a plea in abatement which is also in the nature of a plea in bar. The plea was sustained and plaintiff...

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