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GULF, C. & S. F. RY. CO. v. BALLINGER COOPERATIVE GIN CO.

No. 10890.

351 S.W.2d 306 (1961)

GULF, COLORADO & SANTA FE RAILWAY COMPANY, Appellant, v. BALLINGER COOPERATIVE GIN COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 6, 1961.

Attorney(s) appearing for the Case

Hudson, Keltner, Jordan, Smith & Cunningham, Fort Worth, for appellant.

Upton, Upton, Baker & Griffis; Richard W. Davis, San Angelo, Paul Petty, Ballinger, for appellee.

ARCHER, Chief Justice.

This is an appeal from a judgment of the District Court denying appellant recovery for negligent destruction of its bridge in Ballinger, Texas, based on a jury verdict finding in answers to Special Issues Nos. 38, 39 and 40 that appellant was guilty of contributory negligence in certain particulars.

The jury in answers to primary issues found that appellee was negligent in certain particulars, but in answers to the issues above noted...

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