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SMITH v. CAPLAN

No. 7789.

425 S.W.2d 477 (1968)

Ken SMITH, Individually, and on behalf of his wife, Cletus Smith, Appellants, v. Sam CAPLAN, Appellee.

Court of Civil Appeals of Texas, Amarillo.

March 4, 1968.

Attorney(s) appearing for the Case

Splawn & Maner and Don Reed, Lubbock, for appellants.

Key, Carr, Carr & Clark and Donald M. Hunt, Lubbock, for appellee.

NORTHCUTT, Justice.

Ken Smith, plaintiff in the trial court, brought suit against Sam Caplan seeking damages for injuries suffered by his wife, Cletus Smith, on September 2, 1966, when she and their minor son entered the defendant's amusement park for the purpose of said minor child's riding the children's amusement rides that defendant, Sam Caplan, operated under a lease from the city of Lubbock.

The case was tried before a jury, but at the time the plaintiff...

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