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MITCHELL v. AKERS

No. 16662.

401 S.W.2d 907 (1966)

John T. MITCHELL, Appellant, v. Milton AKERS et ux., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 25, 1966.

Attorney(s) appearing for the Case

Bailey, Williams, Weber & Allums, Dallas, for appellant.

James W. Rainey, Jr., Irving, for appellees.

DIXON, Chief Justice.

Appellees Milton Akers and wife Helen Akers filed suit against appellant John T. Mitchell for damages arising out of the drowning of their son, Philip Akers, aged three years and eight months, in appellant's private swimming pool located on appellant's property. Appellees' action was brought as parents in their own behalf pursuant to Art. 4671, Vernon's Ann.Civ. Statutes, and also as sole heirs in behalf of the child's estate pursuant to Art...

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