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VULCAN MATERIALS COMPANY v. WARLICK

No. 5619.

375 S.W.2d 480 (1964)

VULCAN MATERIALS COMPANY and its division, Frontier Chemical Company, and J. C. Fuqua and wife, Allie Harlien Fuqua, Appellants, v. Miles WARLICK et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 19, 1964.

Attorney(s) appearing for the Case

Evans, Pharr, Trout & Jones, Charles B. Jones, Crenshaw, Dupree & Milam and Joe H. Nagy, Lubbock, for appellants.

Willis E. Gresham, Jr., Karl Cayton, Lamesa, Blanchard & Clifford, Lubbock, McDonald, Shafer & Gilliland, Odessa, for appellees.

FRASER, Chief Justice.

This suit arose out of a collision that occurred between an automobile operated by appellant Mrs. Allie Fuqua, and a large chemical transport tank truck and semitrailer which was being driven by Clarence C. Young, who was an employee of the appellant Vulcan Materials Company and Frontier Chemical Company, a division thereof. The collision occurred at about 2:15 or 2:20 A.M., July 28, 1960. After the collision the truck proceeded, according to...

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