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GILBERT v. HAIGLER

No. 14046.

363 S.W.2d 337 (1962)

Jack GILBERT, Individually and d/b/a/ Gilbert Plumbing Company, Appellant, v. Gerald T. HAIGLER et al., Appellees.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied January 10, 1963.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Houston, and Sam W. Davis, Jr., Houston, of counsel, for appellant.

McClure & Lucas, Houston, and Harold Lloyd, Houston, of counsel, for appellee Gerald Haigler.

Richard H. Powell and George H. Vance, Houston, for appellees San Jacinto Glass Co. and Joe Walton.

WERLEIN, Justice.

This is an appeal by Jack Gilbert, d/b/a Gilbert Plumbing Company, from a $35,000.00 judgment against him in favor of appellee, Gerald T. Haigler. Based on the jury verdict the court decreed that Haigler take nothing as against the defendants, San Jacinto Glass Company of Houston and Joe Walton, collectively referred to herein as Walton.

The evidence shows that about 8:30 o'clock a. m. the Haigler ½ ton truck, which had been traveling...

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