ALLRED v. KIMA FERTILIZER, INC.

No. 7576.

399 S.W.2d 860 (1966)

Ralph M. ALLRED, Appellant, v. KIMA FERTILIZER, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

February 21, 1966.


Attorney(s) appearing for the Case

Clayton, Kolander, Moser & Templeton, Amarillo, for appellant.

Culton, Morgan, Britain & White, Amarillo, for appellee.


CHAPMAN, Justice.

This is an appeal from a judgment against Ralph M. Allred summarily rendered for Kima Fertilizer, Inc., upon its motion, pleadings and an affidavit filed by its 26-year old manager, Tommy Womack.

The parties will be referred to as they were in the court below.

In their pleadings the parties have raised that phase of assumed risk which falls in the category known as the "no duty" cases, applicable to occupier-invitee situations. The...

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