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EASTER v. WALLACE

No. 15948.

318 S.W.2d 916 (1958)

Delbert EASTER et ux., Appellants, v. Billy WALLACE, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 5, 1958.

Attorney(s) appearing for the Case

Roger W. Crampton, Wichita Falls, for appellants.

Jones, Parish & Fillmore and Elmer H. Parish, Wichita Falls, for appellee.

BOYD, Justice.

Delbert Easter and wife, Louise Easter, sued Billy Wallace for damages for the death of their son, Royce Easter, who was killed when an automobile in which he was riding, and driven by Wallace, after rounding a curve, collided with a guard rail pole and bridge and was demolished and burned. There was a summary judgment for Wallace and the Easters appeal.

Attached to and made a part of the motion for summary judgment was the deposition of appellee...

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