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NU-WAY OIL CO. v. TRAC-WORK, INC.

No. 6174.

601 S.W.2d 209 (1980)

NU-WAY OIL COMPANY, Appellant, v. TRAC-WORK, INC. et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 10, 1980.

Attorney(s) appearing for the Case

Kenneth L. McAlister, Penner, Jones, Keith & Wagner, Fort Worth, for appellant.

J. W. Payne, David W. Townend, DeHay & Blanchard, Dallas, for appellees.

HALL, Justice.

Plaintiff Nu-Way Oil Company filed this suit against defendants David Wayne Johnson and Trac-Work, Inc., for $1,300.00 damages allegedly suffered by plaintiff when a truck driven by Johnson struck a gasoline pump and a sign located at plaintiff's service station in the City of Ennis on September 2, 1977. The case was tried to a jury on October 8, 1979. When plaintiff rested its case, defendant Trac-Work moved the court to withdraw the case from the...

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