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BARCLAY v. C. C. PITTS SAND AND GRAVEL COMPANY

No. A-10199.

387 S.W.2d 644 (1965)

A. G. BARCLAY, Petitioner, v. C. C. PITTS SAND AND GRAVEL COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied March 17, 1965.

Attorney(s) appearing for the Case

Short & Smith, Wichita Falls, for petitioner.

Jones, Fillmore, Robinson & Lambert, Wichita Falls, for respondent.

WALKER, Justice.

This suit was brought by A. G. Barclay, petitioner, to recover the damages he sustained when his automobile ran into a truck owned by C. C. Pitts, respondent, who is engaged in business under the name of C. C. Pitts Sand and Gravel. Respondent's employee, Joe Bollman, was the driver of the truck. The jury acquitted petitioner of contributory negligence and found that the collision was proximately caused by Bollman's failure to keep his truck under...

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