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RALPH v. MR. PAUL'S SHOES, INC.

No. 1284.

572 S.W.2d 812 (1978)

Betty L. RALPH, Appellant, v. MR. PAUL'S SHOES, INC., Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied November 9, 1978.

Attorney(s) appearing for the Case

Charles N. Cartwright, Prichard, Peeler, Cartwright & Hall, Corpus Christi, for appellant.

David T. Burkett, Burkett & Burkett, Inc., David Coover, Jr., Corpus Christi, for appellee.

OPINION

YOUNG, Justice.

Mr. Paul's Shoes, Inc., appellee, brought this suit against Betty L. Ralph, individually and as sole beneficiary of the estate of George Ralph, deceased, for smoke and heat damage to the merchandise, furniture and fixtures located at appellee's store. Appellee alleged specific acts of negligence, i. e., careless disposal of smoking materials by appellant's employees, but did not plead or prove a res ipsa loquitur case. Trial was to...

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