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HERCULES, INC. v. EILERS

No. 7108.

458 S.W.2d 221 (1970)

HERCULES, INC., et al., Appellants, v. Earl EILERS and Peggy Patrick, et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied September 28, 1970.

Attorney(s) appearing for the Case

George A. Weller, Chilton O'Brien, Beaumont, Richard B. Miller, Houston, for appellants.

Joe H. Tonahill, March H. Coffield, Jasper, Gilbert I. Low, Beaumont, for appellees.

KEITH, Justice.

Glenn Patrick was killed and Earl Eilers seriously injured when a dome lid on a railroad tank car blew of, knocking them to the ground. They were employees of EasTex, Inc. (hereinafter "EasTex"), owner of a papermill at Evadale, Texas. Union Tank Car Company (hereinafter "Union Tank") leased a tank car to Hercules, Inc. (hereinafter "Hercules") for the purpose of transporting crude turpentine to the plant of Hercules in Hattiesburg, Mississippi. The...

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