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McBROOM v. SOUTHER

No. 16778.

410 S.W.2d 303 (1966)

Mrs. Leon McBROOM, d/b/a McBroom Trucking Company et al., Appellants, v. Mrs. Fay SOUTHER, next friend for Richard D. Souther, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 13, 1967.

Attorney(s) appearing for the Case

Nelson & Sherrod and David A. Smith, Wichita Falls, for appellants.

Peery, Wilson & Jameson and Don B. Morgan, Wichita Falls, for appellee.

OPINION

RENFRO, Justice.

Suit was brought by Mrs. Fay Souther as next friend for her minor son, Richard D. Souther, against McBroom Trucking Company, Vallee Graves and Norris E. Crumpton for damages for personal injuries sustained by Richard when his leg was broken when run over by a truck.

The evidence was such that the jury could reasonably have found plaintiff guilty of contributory negligence. The jury, however, acquitted him of any acts of negligence...

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