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BIRDSALL v. COUNTS

No. 17075.

450 S.W.2d 136 (1970)

Martin S. BIRDSALL, Appellant, v. J. W. COUNTS d/b/a Kimberley Apartments et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 6, 1970.

Attorney(s) appearing for the Case

James T. Rudd, Grand Prairie, for appellant,

Brown, Day & Crowley, and M. Hendricks Brown, Fort Worth, for appellee, J. W. Counts, d/b/a Kimberley Apartments.

Gardere, Porter & DeHay, and Gordon H. Rowe, Jr., Dallas, for appellee, C. D. Sessions.

OPINION

BREWSTER, Justice.

This is a suit for damages for personal injuries sustained by plaintiff in a fall to the ground from the second floor level of an apartment house. The defendant, J. W. Counts, was the owner of the apartment house and the defendant, C. D. Sessions, was a contractor who was at the time of the injury in the process of making repairs to an outside staircase that led to the second floor of the apartment house and to the banisters on...

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