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FIRST CITY NATIONAL BANK OF HOUSTON v. JAPHET

No. 14499.

390 S.W.2d 70 (1965)

FIRST CITY NATIONAL BANK OF HOUSTON, Executor of the Estate of C. M. Dow, Deceased, Appellant, v. E. C. JAPHET, Appellee.

Court of Civil Appeals of Texas. Houston.

Rehearing Denied May 6, 1965.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, and Tom Connally, Houston, for appellant.

Barrow, Bland, Rehmet & Singleton, and R. F. Wheless, Jr., Houston, for appellee.

WERLEIN, Justice.

Appellee, E. C. Japhet, brought this suit against the executor of the Estate of C. M. Dow, Deceased, to recover for damages caused by Mr. Dow's automobile to a tree, shrubbery and a brick wall on appellee's premises located at the southwest corner of Kirby Drive and Del Monte in Houston, Texas. The evidence shows that Mr. Dow was driving his Cadillac in a southerly direction on Kirby Drive; that the car ran over a curbed grass plot, or island, on...

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