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MISSOURI PACIFIC RAILROAD COMPANY v. TIDE LPG, INC.

No. 544.

462 S.W.2d 106 (1970)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. TIDE LPG, INC., Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied January 21, 1971.

Attorney(s) appearing for the Case

Kleberg, Mobley, Lockett & Weil, Leslie S. Lockett, Corpus Christi, for appellant.

Atlas, Hall, Schwarz, Mills, Gurwitz & Bland, Asa Bland McAllen, for appellee.

OPINION

NYE, Justice.

This is a damage suit brought by the appellee against the railroad predicated in part upon the doctrine of discovered peril. The jury answered the discovered peril issues favorable to the plaintiff, whereupon the railroad has perfected its appeal.

The appellee owned and operated trucks distributing liquid petroleum gas. One of these trucks became stuck and a second one was sent to pull it out. The driver of the second truck...

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