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MAGNESS v. KIRBY

No. 4664.

422 S.W.2d 941 (1967)

J. G. MAGNESS and James Weldon Lewis Appellants, v. Billy Wayne KIRBY, Appellee.

Court of Civil Appeals of Texas, Waco.

December 7, 1967.

Attorney(s) appearing for the Case

Touchstone, Bernays & Johnston, Glenn Polk, Dallas, for appellants.

Rogers & Rogers, Sherman, for appellee.

OPINION

WILSON, Justice.

Appellants' plea of privilege was overruled. Appellee relies solely on subdivision 4 of Art. 1995, Vernon's Ann.Civ.St. The questions presented narrow to one: Whether there is evidence or sufficient evidence that any negligence of appellants' was a proximate cause of a fatal automobile accident. There are no findings of fact.

Among other conduct of the co-defendant alleged in the controverting plea was that she suddenly stopped...

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