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McCANN CONSTRUCTION COMPANY v. ROBERTS

No. 17070.

449 S.W.2d 557 (1969)

McCANN CONSTRUCTION COMPANY, Appellant, v. Andrew ROBERTS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 23, 1970.

Attorney(s) appearing for the Case

Shannon, Gracey, Ratliff & Miller, and Harold A. Mueller and Wm. J. Fleniken, Jr., Fort Worth, for appellant.

Spurlock, Schattman & Mock, and C. Coit Mock, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

Suit by plaintiff, Andrew Roberts, was for damages stemming from negligent tort on the part of the defendant, McCann Construction Company. Judgment against the defendant totalled $26,217.50, of which $22,150.00 was awarded to plaintiff Roberts and $4,067.50 to Liberty Universal Insurance Company, insurance carrier of plaintiff's employer. The insurance company had paid out this amount to and in behalf of plaintiff, and subrogation...

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