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LEVIT'S JEWELERS, INC. v. FRIEDMAN

No. 4579.

410 S.W.2d 947 (1967)

LEVIT'S JEWELERS, INC., d/b/a Main Discount Store, Appellant, v. Benjamin F. FRIEDMAN, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 16, 1967.

Attorney(s) appearing for the Case

Baker, Botts, Shepherd & Coates, Paul W. Persons, Houston, for appellant.

Otto A. Yelton, Jr., Houston, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Levit, from a judgment for plaintiff Friedman, in a suit for personal injuries received by plaintiff, when a sign owned by defendant and attached to the outside of defendant's store, fell and struck plaintiff on the head. Plaintiff plead the doctrine of res ipsa loquitur, and alternatively that defendant was guilty of specified acts of negligence. Trial was to a jury which found:

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