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HARDGRAVE v. TEXAS & PACIFIC RAILWAY COMPANY

No. 16665.

401 S.W.2d 693 (1966)

Louis Berry HARDGRAVE et al., Appellants, v. TEXAS & PACIFIC RAILWAY COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 22, 1966.

Attorney(s) appearing for the Case

Geary, Brice & Lewis, W. S. Barron, Jr., Thompson, Knight, Wright & Simmons, Frank Finn, Jr., Dallas, for appellants.

Jackson, Walker, Winstead, Cantwell & Miller, L. P. Bickel and Gerald W. Benson, Dallas, for appellees.

CLAUDE WILLIAMS, Justice.

Appeal from a "take nothing" judgment in a personal injury action. On November 18, 1958 at approximately 11:15 p. m. Louis B. Hardgrave and Clarence T. McCleery, both employed by Valley Steel Products Company, were occupants of a White diesel truck proceeding in a northerly direction on South Lamar Street in the City of Dallas, Texas. The night was clear and the streets were dry. Hardgrave was driving the truck and McCleery was the passenger...

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