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SIRA & PAYNE, INC. v. WALLACE & RIDDLE

No. 17665.

470 S.W.2d 793 (1971)

SIRA & PAYNE, INC., Appellant, v. WALLACE & RIDDLE, a Partnership, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied September 17, 1971.

Attorney(s) appearing for the Case

Patrick F. McGowan, Strasburger, Price; Kelton, Martin & Unis, Dallas, for appellant.

Robert W. Finklea, Finklea & Finklea, Dallas, for appellee.

BATEMAN, Justice.

The appellant Sira & Payne, Inc., being under a contract with the State of Texas to construct a highway in Bowie County, subcontracted to appellee Wallace & Riddle the work of excavating ditches. Tommie McDonald, an employee of appellee, was seriously injured when a ditch being excavated collapsed on him. The employee sued appellant and the case was later settled for $49,500. Appellant sued appellee seeking indemnity for the sum paid in settlement...

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