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MONSANTO COMPANY v. MILAM

No. B-3426.

494 S.W.2d 534 (1973)

MONSANTO COMPANY, Petitioner, v. Victor U. MILAM, Respondent.

Supreme Court of Texas.

Rehearing Denied June 6, 1973.

Attorney(s) appearing for the Case

Butler, Binion, Rice, Cook & Knapp, Tom Alexander and Robert C. Floyd, Houston, for petitioner.

Helm, Jones & Pletcher, David H. Burrow and Michael A. Moriarty, Houston, for respondent.

DANIEL, Justice.

In this personal injury action by Victor U. Milam, plaintiff, against Monsanto Company and one of its employees, Herbert Hutson, the plaintiff specifically alleged that his serious burns and injuries occurred because "Herbert Hutson acting in the course of his employment for the defendant, Monsanto Company, carelessly and negligently permitted highly volatile gases to escape" into the area where plaintiff was working. This was the only specific

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