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CAPETILLO v. CROSBY COUNTY FUEL ASSOCIATION

No. 7639.

407 S.W.2d 335 (1966)

Norberto CAPETILLO, Appellant, v. The CROSBY COUNTY FUEL ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Amarillo.

October 10, 1966.

Attorney(s) appearing for the Case

Brown, Shuman & Harding, Lubbock, for appellant.

McWhorter, Cobb, Johnson & Cobb, Crenshaw, Dupree & Milam, Cecil Kuhne and Tom S. Milam, Lubbock, of Counsel, for appellee.

CHAPMAN, Justice.

Plaintiff, Norberto Capetillo, sued Crosby County Fuel Association for damages to his person resulting from anhydrous ammonia escaping from a pop-off valve on a fertilizer tank which contained liquid fertilizer. The parties will be referred to as in the court below.

The suit was based both upon specific grounds of common law negligence, and upon liability without fault—allegations of breach of implied warranty. The trial court sustained...

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