TOBIN & ROONEY PLASTERING COMPANY v. GILES

No. 7810.

418 S.W.2d 598 (1967)

TOBIN & ROONEY PLASTERING COMPANY, Appellant, v. Albert GILES et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

September 5, 1967.


Attorney(s) appearing for the Case

J. Chrys Dougherty, Graves, Dougherty, Gee, Hearon, Moody & Gardwood, Austin, E. D. Vickery, Gus A. Schill, Jr., Royston, Rayzor & Cook, Houston, for appellant.

Ben G. Sewell, McGregor, Sewell, Junell & Riggs, Houston, for appellees.


DAVIS, Justice.

The opinion handed down in this case on June 27th, 1967, is withdrawn and the following is substituted in lieu thereof.

A tort case. James Patrick Murphy sued Tobin & Rooney Plastering Company for damages because a 50 lb. sack of insulating material (Monokote) fell off a lift device at the 19th floor of a building that was under construction by W. S. Bellows Construction Corp., the prime contractor, in the City of Houston and striking Murphy...

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