BIRCH v. HOWARD

No. 407.

435 S.W.2d 945 (1968)

James Fred BIRCH, Appellant, v. Dewey HOWARD, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied January 9, 1969.


Attorney(s) appearing for the Case

Bill F. Griffin, Jr., Center, for appellant.

Fairchild & Hunt, Robert Fairchild, Center, for appellee.


SELLERS, Justice.

This is a suit for personal injuries brought by appellant Birch against the appellee, Dewey Howard, as the result of a collision between appellee's car and appellant on a highway between Center, Texas, and Shelbyville, Texas. The highway at the scene of the collision was under construction by the contractor, Menefee Construction Company. The surface of the road had been completed and was marked with a double yellow line down the center, a white line...

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