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SOUTHWESTERN BELL TEL. CO. v. HERTZ EQUIP. RENTAL CO.

No. 17694.

533 S.W.2d 853 (1976)

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. HERTZ EQUIPMENT RENTAL COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 12, 1976.

Attorney(s) appearing for the Case

William H. Smith, Dallas, Morgan, Gambill & Owen, and Judge Gambill, Fort Worth, for appellant.

Brown, Crowley, Simon & Peebles, and Anne Gardner, Fort Worth, for appellees.

OPINION

MASSEY, Chief Justice.

December 16, 1971, defendant Joseph Eugene McMurtrie, driving truck of defendant Hertz Equipment Rental Company, proceeded in an easterly direction on what is known as the west freeway in Fort Worth, Texas. His direction of travel was toward the City of Fort Worth. At a point proximate to Sanguinet Street the top portion of the load on the truck struck an overhead cable of plaintiff Southwestern Bell Telephone Company. The...

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