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O'DAY v. SAKOWITZ BROTHERS

No. 15595.

462 S.W.2d 119 (1970)

William J. O'DAY et ux., Appellants, v. SAKOWITZ BROTHERS et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 7, 1971.

Attorney(s) appearing for the Case

Powell, Tucker, Kain & Reedy, Paul A. Tucker, Houston, for appellants.

Baker, Botts, Shepherd & Coates, Walter E. Workman, Houston, for appellee Elevator Maintenance Co., Inc.

John L. McConn, Jr., Howard L. Nations, Butler, Binion, Rice, Cook & Knapp, Houston, of counsel, for appellee Sakowitz Brothers.

PEDEN, Justice.

Appeal from a take nothing judgment in a personal injury suit.

Plaintiff Mrs. Lorraine O'Day alleged that she was injured while riding an escalator in Sakowitz Brothers' store at about 1 P.M. on October 23, 1963, when the escalator suddenly stopped. She brought this suit against Sakowitz and against Elevator Maintenance Co., which had contracted to maintain the escalators for Sakowitz. Other parties named as defendants will be noticed later...

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