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M. C. WINTERS, INC. v. LAWLESS

No. 4318.

445 S.W.2d 761 (1969)

M. C. WINTERS, INC. et al., Appellants, v. Jack W. LAWLESS et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 17, 1969.

Attorney(s) appearing for the Case

Carnes, Blackwell & Coleman, Garland, Moursund & Ferguson, Johnson City, for appellants.

Walding, Almaquer & Nix, Dallas, for appellees.

COLLINGS, Justice.

Jack Lawless and wife, Laura E. Lawless, brought suit against M. C. Winters, Inc. and Robert E. (Bob) Helm, an alleged servant of Winters. Plaintiffs sought to recover actual and exemplary damages from the defendants because of the construction of a "haul road" across plaintiffs' land by Helm in the course of his employment with Winters. Plaintiffs alleged that Helm, as agent and employee of Winters acting within the scope of his employment unlawfully...

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