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FOREMOST DAIRIES, INC. v. McCLUNG

No. 16966.

421 S.W.2d 178 (1967)

FOREMOST DAIRIES, INC., Appellant, v. Raymond A. McCLUNG, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 17, 1967.

Attorney(s) appearing for the Case

John W. Copeland and Timothy E. Kelley, of Thompson, Knight, Simmons & Bullion, Dallas, for appellant.

Charles D. Mayes and Ben Warder, Jr., of Carter, Gallagher, Jones & Magee, Robt. A. Wooldridge, of Burford, Ryburn & Ford, Dallas, for appellee.

BATEMAN, Justice.

The appellee Raymond A. McClung recovered a judgment on a jury verdict against the appellant Foremost Dairies, Inc. for personal injuries received when his left leg was struck by a milk dolly operated by David Poovey, an employee of appellant. Poovey and appellee were engaged in delivering milk and other dairy products for their respective employers to various retail establishments. The judgment was based on a jury finding of failure on the part...

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