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SOUTHWESTERN BELL TELEPHONE COMPANY v. JOHNSON

No. A-10458.

389 S.W.2d 645 (1965)

SOUTHWESTERN BELL TELEPHONE COMPANY and James Cozart, Petitioners, v. Robert Richard JOHNSON, Respondent.

Supreme Court of Texas.

Rehearing Denied April 28, 1965.

Attorney(s) appearing for the Case

Larry Barnes, Dallas, Wardlow Lane, Center, James E. Barden, Houston, for petitioners.

Fairchild & Badders, Nacogdoches, for respondent.

SMITH, Justice.

The plaintiff, Robert Richard Johnson, filed suit jointly against the defendants, Southwestern Bell Telephone Company and James Cozart, for damages and personal injuries sustained on December 1, 1960, when Johnson was struck by a truck belonging to Bell and driven by Cozart while in the course and scope of his employment.

Upon jury findings that Cozart was not negligent1 in any respect, as alleged in plaintiff's...

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