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WEEKES v. KELLEY

No. 4257.

433 S.W.2d 769 (1968)

Donald WEEKES et ux., Appellants, v. Timothy E. KELLEY et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 15, 1968.

Attorney(s) appearing for the Case

Henry Stollenwerck, Biggers, Baker, Lloyd & Carver, Dallas, for appellants.

Bailey, Williams, Weber & Allums, James A. Williams, Dallas, for appellees.

GRISSOM, Chief Justice.

Donald Weekes and wife sued Timothy E. Kelley and his wife for damages sustained by Mrs. Weekes in a fall in the defendants' home while she was there as a "social guest." Defendants filed a motion for summary judgment because the pleadings, depositions and affidavit on file showed that Mrs. Weekes' injury was caused by no more than the ordinary negligence of defendants and, since Mrs. Weekes was a social guest in their home, they were not liable...

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