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MAGNOLIA PETROLEUM COMPANY v. HERMAN

No. 10425.

295 S.W.2d 430 (1956)

MAGNOLIA PETROLEUM COMPANY, Appellant, v. Joe HERMAN, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 21, 1956.

Attorney(s) appearing for the Case

Chas B. Wallace, Dallas, Dan Moody, Jr.; Dan Moody, Austin, for appellant.

Ralph W. Yarborough, Tom H. Davis, Austin, for appellee.

HUGHES, Justice.

This is a suit for damages arising out of a collision between an automobile operated by appellee, Joe Herman, and a truck operated by an employee of appellant, Magnolia Petroleum Company.

The case was tried to a jury which returned a verdict favorable to appellee. Upon this verdict judgment was rendered for him.

Appellant presents but a single point of error which we quote:

"The court erred in permitting the appellee over...

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