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BOYD v. McCLESKEY

No. 6404.

515 S.W.2d 25 (1974)

C. E. BOYD, Sr., d/b/a Quality Gin Company, Appellant, v. John E. McCLESKEY and McCleskey Adams Gin, Inc., d/b/a McCleskey Gin, Appellees.

Court of Civil Appeals of Texas, El Paso.

October 2, 1974.

Attorney(s) appearing for the Case

Stephen L. Haley, Seminole, for appellant.

Little & Little, Jack Little, Big Spring, John L. Shepherd, Seminole, for appellees.

OPINION

WARD, Justice.

The Appellant, C. E. Boyd, Sr., sued the Appellees as a common carrier for hire to recover the value of fifty bales of cotton which were destroyed by fire while Appellees were engaged in hauling the cotton from Seminole to Sudan, Texas. The carrier defended itself by allegations and proof that all transportation services were performed without negligence on its part, that the loss was caused by two of the excepted perils recognized...

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