NORVELL, Justice.
Roman Hernandez recovered a judgment against Heldenfels Brothers, a partnership, based upon personal injuries suffered by him when he was struck by a truck loaded with asphalt. The Court of Civil Appeals reversed upon the ground that Hernandez was a mere licensee upon the premises where he was injured and that Heldenfels, as the "occupier" of such premises was not guilty of a breach of duty owed to Hernandez. Tex.Civ.App.,
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