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RORIE v. CITY OF GALVESTON

No. B-2326.

471 S.W.2d 789 (1971)

C. V. RORIE, Jr., et al., Petitioners, v. CITY OF GALVESTON, Respondent.

Supreme Court of Texas.

Rehearing Denied October 13, 1971.

Attorney(s) appearing for the Case

Eikel & Goller, Robert Eikel and Theodore Goller, Fulbright, Crooker, Freeman, Bates & Jaworski, Dixie Smith, Houston, Mandell & Wright, Arthur J. Mandell, Houston, Royston, Rayzor & Cook, Bryan F. Williams, Jr., Galveston, for petitioners.

McLeod, Alexander, Powel and Apffel, V. W. McLeod and Ben R. Powel, Galveston, for respondent.

WALKER, Justice.

This suit was brought by C. V. Rorie, Jr., a longshoreman, to recover for personal injuries sustained while working on board the S. S. Armagh in Galveston. On the controlling question presented by the appeal, we hold that the hoist operator whose negligence caused plaintiff's injuries was, as a matter of law, the borrowed servant of plaintiff's employer.

Plaintiff sought a recovery against Avenue Shipping Co., Ltd., and Trinder, Anderson ...

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