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TERBAY v. PAT CANION EXCAVATING COMPANY

No. 11340.

396 S.W.2d 482 (1965)

Mrs. Rose TERBAY et al., Appellants, v. PAT CANION EXCAVATING COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 8, 1965.

Attorney(s) appearing for the Case

William B. Hilgers, Niemann & Babb, Larry Niemann, Austin, for appellants.

Meyers & Shannon, James R. Meyers, Austin, for appellees.

HUGHES, Justice.

This is a suit for damages arising out of a collision between a Ford dump truck being operated by Jimmy Lee Dooley, an employe of Pat Canion Excavating Company, a corporation, and a four door Chevrolet Sedan being operated by Joseph T. Terbay, Jr. The truck was owned by the Excavating Company and Dooley was engaged within the scope of his employment when the collision occurred. The sedan was owned by Mrs. Rose Terbay and her son, Joseph, was driving...

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