RIEMENSCHNEIDER v. MISSOURI PACIFIC RAILROAD CO.

No. 13372.

316 S.W.2d 949 (1958)

O. L. RIEMENSCHNEIDER, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

October 1, 1958.


Attorney(s) appearing for the Case

Stafford & Alcorn, Kingsville, for appellant.

Kleberg, Mobley, Lockett & Weil, Corpus Christi, for appellee.


BARROW, Justice.

Appellant, O. L. Riemenschneider, sued appellee, Missouri Pacific Railroad Company, for damages alleged to have been sustained as the result of an injury caused by the lid of a mail box situated on appellee's premises falling on his head. After the filing of the suit, appellant's deposition was taken and thereupon appellee filed a motion for summary judgment based upon such deposition, claiming that the facts revealed by appellant's own testimony...

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