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SAFEWAY STORES, INC. v. WHITE

No. A-8247.

348 S.W.2d 162 (1961)

SAFEWAY STORES, INC., Petitioner, v. William Ed WHITE, Respondent.

Supreme Court of Texas.

Rehearing Denied July 19, 1961.

Attorney(s) appearing for the Case

Thompson, Knight, Wright & Simmons, David S. Kidder, Pinkney Grissom and Timothy E. Kelley, Dallas, with above firm, for petitioner.

Carter, Gallagher, Jones & Magee, Ben T. Warder, Jr., and Joe Hill Jones, Dallas, of above firm, for respondent.

WALKER, Justice.

William Ed White, plaintiff, brought this suit against Safeway Stores, Inc., defendant, to recover for personal injuries sustained by the plaintiff when he was pinned by a Safeway truck against the wall of defendant's store in Corsicana. Plaintiff's compensation insurance carrier intervened, but its presence as a party has no bearing on the question to be decided.

All grounds of recovery except discovered peril were waived, and plaintiff sought...

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