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CITY OF DALLAS v. BROWN

No. 17740.

475 S.W.2d 833 (1971)

The CITY OF DALLAS, Appellant, v. Billy W. BROWN, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 14, 1972.

Attorney(s) appearing for the Case

Alex Bickley, City Atty., T. Alex Eastus, Asst. City Atty., Dallas, for appellant.

David M. Kendall, Jr., Robert Woodruff, Woodruff, Kendall & Smith, Dallas, for appellee.

GUITTARD, Justice.

Plaintiff Billy Brown was injured in course of his employment by defendant City of Dallas, which had no statutory workmen's compensation coverage. He sued for damages under the Texas Tort Claims Act, alleging negligence of a fellow employee. The principal question is whether a finding of contributory negligence bars his recovery. We hold that it does.

Brown was a helper on a garbage truck operated by the city sanitation department. As the...

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