M. C. WINTERS, INC. v. EUBANK

No. 7968.

456 S.W.2d 500 (1970)

M. C. WINTERS, INC., et al., Appellants, v. Jim Bob EUBANK et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied April 4, 1970.


Attorney(s) appearing for the Case

Jack Pew, Ralph E. Hartman, Jackson, Walker, Winstead, Cantwell & Miller, Wade C. Smith, Touchstone, Bernays & Johnston, Dallas, for appellants.

Henry Akin, Akin, Vial, Hamilton, Koch & Tubb, Dallas, Roland Boyd, Boyd, Veigel & Gay, McKinney, Ralph M. Hall, Rockwall, for appellees.


CHADICK, Chief Justice.

Mrs. Helen Eubank was fatally injured the morning of February 3, 1968, in a head-on collision between the automobile she drove and a tractor-trailer rig operated by Jimmy Travis Trial. The collision occurred as Trail's vehicle (8 feet wide, 50 feet in length) negotiated a detour on Interstate 30 near Rockwall, Texas, at a speed of approximately forty miles per hour.

The detour in the highway was required by a road construction contract...

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