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CITY OF DALLAS v. JACKSON

No. B-1743.

450 S.W.2d 62 (1970)

The CITY OF DALLAS and Dallas Transit System, Petitioners, v. Ella JACKSON, Individually, and Ethylene Johnson, Individually and As Next Friend of Willie Mae Johnson, A Minor, Respondents.

Supreme Court of Texas.

Rehearing Denied March 4, 1970.

Attorney(s) appearing for the Case

Burford, Ryburn & Ford, James H. Holmes, III, and Robert E. Burns, Dallas, for petitioners.

Berman & Fichtner, Jay S. Fichtner and W. W. Mitchell, II, Dallas, for respondents.

McGEE, Justice.

Plaintiffs, surviving heirs of M. C. Johnson, sought to recover damages pursuant to the provisions of the Wrongful Death Statute, Arts. 4671-4678 Vernon's Ann.Civ. Statutes of Texas. M. C. Johnson was shot and killed by Claudell Banks, another passenger, on a bus owned and operated by the Dallas Transit System, a department of the City of Dallas. The trial court rendered judgment for the plaintiffs against Claudell Banks, who did not appeal.

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