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MORREALE v. COHEN

No. A-6665.

310 S.W.2d 737 (1958)

J. J. MORREALE, Petitioner, v. Sam COHEN et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied March 26, 1958.

Attorney(s) appearing for the Case

Phipps & Smith, Galveston, for petitioner.

Levy & Levy, Galveston, Jerry M. Hamovit, Houston, for respondents.

PER CURIAM.

Upon evidence which in all material respects is closely analogous to that shown by the record in the present case, it was held in Welch v. Ada Oil Co., Tex. Civ.App., 302 S.W.2d 175 (wr. ref. n.r.e.) that the trial court properly refused to submit issues of discovered peril. We approve that holding and do not agree with the contrary conclusion reached by the Court of Civil Appeals in the present case.

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