JONES, Circuit Judge.
The appellant, J. R. Davis, was the plaintiff in the district court. He was a foreman employee of Pecos Valley Construction Company which was doing a paving job in Knox City, Texas. Tom B. Arrington was an engineer engaged in the inspection of the work and charged with the duty of seeing that it was done in accordance with specifications. During the work Arrington told Davis that there was not enough rock on the street where the work was in progress...
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