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McFADDEN v. CECIL RUBY COMPANY

No. 4677.

422 S.W.2d 770 (1967)

Richard McFADDEN, Appellant, v. CECIL RUBY COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Waco.

December 21, 1967.

Attorney(s) appearing for the Case

Harrison, Curtis & Cooper, John Allen Curtis, Dallas, for appellant.

Harris, Anderson, Henley, Shields & Rhodes, L. W. Anderson, Dallas, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal from a summary judgment that plaintiff take nothing in a negligence case.

Plaintiff McFadden sued defendant Ruby Company, alleging defendant Ruby Company failed to remove a curb remnant from the R. L. Thornton Expressway in such a manner as to permit the safe passage of vehicular traffic over the freeway; that the automobile in which plaintiff was a passenger struck the curb remnant, and was caused...

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