DALE TRUCK LINE, INC. v. R. & M. WELL SERV. & DRILL. CO.

No. 3641.

325 S.W.2d 848 (1959)

DALE TRUCK LINE, INC., Appellant, v. R. & M. WELL SERVICING & DRILLING CO., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 28, 1959.

Second Rehearing Denied July 7, 1959.


Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Judson R. Wood, B. Jeff Crane, Jr., Houston, for appellant.

Wm. N. Bonner, Houston, for appellee R. & M. Well Servicing & Drilling Co.

Bryan & Patton, Houston, for intervenor.


WILSON, Justice.

Appellee sued for loss of a drilling rig engine. Its insurer intervened claiming subrogation rights under another judgment. The only issues submitted and the jury's answers were:

"Special Issue No. 1: Do you find from a preponderance of the evidence that plaintiff's LROU Waukesha engine did not have a market value in Harris County, Texas on or about July 29, 1954?" The jury answered, "It did have a market value." "Special Issue...

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