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B. M. & R. INTERESTS v. SNYDER

No. 480.

453 S.W.2d 360 (1970)

B. M. & R. INTERESTS, Appellant, v. Don O. SNYDER, Individually and as Next Friend for Kimberly K. Snyder, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied May 7, 1970.

Attorney(s) appearing for the Case

Spruiell, Lowry, Potter, Lasater & Guinn, John H. Minton, Jr., Tyler, for appellant.

Johnson, Hathaway & Jackson, Ben Johnson, Tyler, for appellee.

DUNAGAN, Chief Justice.

This suit originated in the 114th District Court of Smith County, Texas, by the appellee, Don O. Snyder, against appellant, B. M. & R. Interests, seeking to recover damages for injuries received by Kimberly K. Snyder, a minor, as a result of a fall from a swimming pool slide situated at an apartment complex owned and operated by appellant.

From the record it appears that on June 9, 1965, Kimberly, a child three and one-half years...

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