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BIRMINGHAM FIRE INS. CO. OF PA. v. NEWSOM TRUCK LINES

No. 14571.

390 S.W.2d 537 (1965)

BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, Appellant, v. NEWSOM TRUCK LINES, INC., Appellee.

Court of Civil Appeals of Texas. Houston.

Rehearing Denied May 27, 1965.

Attorney(s) appearing for the Case

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

Oldham & Lorance, Arthur Stamm, Jr., Houston, for appellee.

WERLEIN, Justice.

Appellee, Newsom Truck Lines, Inc., brought this suit against appellant on a "Motor Truck Cargo Policy" to recover damages allegedly resulting to a General Electric circuit breaker which, while being transported on appellee's truck, struck an overhanging limb. The facts were stipulated by the parties and the trial judge rendered judgment for the amount of the agreed loss less the deductible amount provided...

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