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FITZGERALD v. RUSS MITCHELL CONSTRUCTORS, INC.

No. 50.

423 S.W.2d 189 (1968)

G. FITZGERALD et ux., Appellants, v. RUSS MITCHELL CONSTRUCTORS, INCORPORATED, et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 31, 1968.

Attorney(s) appearing for the Case

Harry Burns, Houston, for appellants.

James Greenwood, III, Vinson, Elkins, Weems & Searls, Houston, for appellees.

BARRON, Justice.

This is a damage suit brought by G. Fitzgerald and wife, Martha Fitzgerald, by reason of injuries sustained by Mrs. Fitzgerald in an automobile collision between her automobile and a truck owned by Russ Mitchell Constructors, Incorporated, and operated by Wesley Brown in the early afternoon of September 26, 1962. Defendants are Russ Mitchell Constructors, Incorporated and Wesley Brown, appellees, here. Prior to the trial, defendants admitted that...

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