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DUNCAN v. SMITH

No. A-10090.

393 S.W.2d 798 (1965)

Walter H. DUNCAN et ux., Petitioners, v. Ewell D. SMITH, Jr., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 6, 1965.

Attorney(s) appearing for the Case

Strasburger, Price, Kelton, Miller & Martin and Fred K. Newberry, Dallas, for petitioners.

Ralph M. Hall, Rockwall, J. Alex Blakeley and Rae Ann Fichtner, Dallas, for respondents Smith, Jr., et al.

Thompson, Coe, Cousins & Irons, Dallas, for respondent-intervenors Urban Butane Service, Inc. and Pan American Ins. Co.

SMITH, Justice.

Respondents' motion for rehearing is overruled. However, the opinion delivered on April 28, 1965, is withdrawn and the following is substituted therefor.

Two suits for damages resulting from the death of John Milton Smith and injuries sustained by Ewell D. Smith were filed in the District Court of Kaufman County, Texas. By agreement the suits were consolidated. The consolidated suit went to trial to the court and a jury. Ewell D. Smith, Mrs...

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