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NEWMAN BROS. TRUCKING CO. v. WELLS BROS. GRAIN CO.

No. 17832.

480 S.W.2d 504 (1972)

NEWMAN BROS. TRUCKING COMPANY, Appellant, v. WELLS BROTHERS GRAIN CO., Inc., Appellee.

Court of Civil Appeals of Texas, Dallas.

May 11, 1972.

Attorney(s) appearing for the Case

A. William Brackett, Rawlings, Sayers & Scurlock, Fort Worth, for appellant.

Roland Boyd, Boyd, Veigel & Gay, Inc., McKinney, for appellee.

GUITTARD, Justice.

This appeal from an order overruling a plea of privilege turns on whether there is any evidence to support the implied finding of the trial court that defendant Newman Bros. Trucking Company was guilty of negligence in Collin County within Vernon's Tex.Rev.Civ.Stat.Ann., art. 1995, subd. 9a (1964) in breaking the scales owned and operated by plaintiff Wells Brothers Grain Co., Inc. The only allegation of negligence which plaintiff claims to be supported...

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