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HOUSTON BELT & TERMINAL RY. CO. v. J. WEINGARTEN, INC.

No. 15035.

421 S.W.2d 431 (1967)

HOUSTON BELT & TERMINAL RAILWAY COMPANY, Appellant, v. J. WEINGARTEN, INC., Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied November 30, 1967.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Charles M. Haden, Gary B. Webb, Thomas P. Sartwelle, Houston, for appellant.

Vinson, Elkins, Weems & Searls, B. Jeff Crane, Jr., Raybourne Thompson, Jr., Houston, for appellee.

COLEMAN, Justice.

This is an appeal brought by the Houston Belt & Terminal Railway Company (hereinafter referred to as The Belt), from a judgment awarding indemnity against it to J. Weingarten, Inc. (hereinafter referred to as Weingarten), in the amount of $51,749.70. The judgment was based on a contract between these parties.

Charles Tepkin, husband of the plaintiff, was killed while working as a switchman for The Belt when a railroad car on which he...

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