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GULF, COLORADO & SANTA FE RAILWAY CO. v. McBRIDE

No. A-6759.

322 S.W.2d 492 (1958)

GULF, COLORADO & SANTA FE RAILWAY COMPANY, Petitioner, v. G. C. McBRIDE et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 25, 1959.

Further Rehearing Denied April 22, 1959.

Attorney(s) appearing for the Case

Woodruff & Holloway, Brownwood, Hudson, Keltner & Sarsgard, Fort Worth, Joe Bruce Cunningham, Fort Worth, with Hudson, Keltner & Sarsgard, Fort Worth, for petitioner.

McMahon, Smart, Sprain & Wilson, Abilene, J. M. Lee, with McMahon, Smart, Sprain & Wilson, Abilene, for G. C. McBride.

Richey, Sheehy & Teeling, Waco, for Central Surety & Ins. Corp.

GRIFFIN, Justice.

This is a suit in which a summary judgment in favor of respondents was given by the trial court. The suit involves liability under an indemnity contract and kindred issues.

The petitioner, hereinafter called Santa Fe, on October 28, 1952, owned a certain tract of land near Brownwood, Texas. On a part of this tract Santa Fe owned and operated a rock crusher plant which made crushed rock, screenings, rip-rap and other similar material. Santa...

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