HAMBLEN, Chief Justice.
The following statement of the case, which appears to be substantially correct, is taken from appellant's brief:
This is an action for damages for personal injuries sustained by appellant, W. M. Howard, on May 16, 1951, while passing to the rear of a motor vehicle parked at the curb on Leeland Avenue in the City of Houston when the same was started from a stopped position by appellee, Guy F. Burkart, an employee of appellee, Thompson...
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