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PERRY CONSTRUCTION COMPANY v. WATKINS

No. 4101.

367 S.W.2d 913 (1963)

PERRY CONSTRUCTION COMPANY, Appellant, v. Ardessa WATKINS, a Widow, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

April 25, 1963.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Don Hargrove Smith, Houston, for appellant.

Hay, Kirk, Van Keuren & Baggett, Russell T. Van Keuren, Houston, for appellees.

McDONALD, Chief Justice.

This is a venue case. Plaintiffs are the widow and minor son of Clarence Watkins, deceased, and brought suit in Wharton County against defendant construction Company for damages for Clarence Watkins' death. Plaintiffs alleged, among other things, that defendant contracted with the State of Texas to do certain construction work on F M Road 442 in Wharton County. Such contract provided:

"During the progress of the work the Contractor...

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