DAVIS v. M. C. WINTERS, INC.

No. 4791.

440 S.W.2d 926 (1969)

Morris M. DAVIS et ux., Appellants, v. M. C. WINTERS, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 15, 1969.


Attorney(s) appearing for the Case

John J. Watts, Ralph E. Harris, Odessa, for appellants.

Rufus S. Garrett, Jr., Garrett, Garrett & Callaway, Ft. Worth, for appellee.


OPINION

WILSON, Justice.

Summary judgment was rendered that plaintiffs take nothing in their suit against a highway contractor for damages resulting from death of their son in an automobile collision.

Defendant was the general contractor under a state highway construction contract. Deceased was driving on a two-lane roadway at night. He attempted to pass a vehicle traveling in the same direction and collided head-on with another automobile from the...

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