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MIDWESTERN INSURANCE COMPANY v. WAGNER

No. 3783.

370 S.W.2d 779 (1963)

MIDWESTERN INSURANCE COMPANY, Appellant, v. Mallie WAGNER, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 4, 1963.

Attorney(s) appearing for the Case

Clayton, Martin & Harris, Amarillo, for appellant.

Scarborough, Black & Tarpley, Abilene, for appellee.

GRISSOM, Chief Justice.

On December 13, 1961, W. H. Wagner was a truck driver for Texas Tank Lines, Inc. About 12:00 o'clock at night he arose for the purpose of going to his employer's yard, starting a diesel truck and hauling asphalt for his employer. The temperature was below freezing and it was misting. He went to his employer's yard, tried to start the defendant's truck, being unable to start it, he went to the home of his employer's mechanic, told him he had...

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