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DUNCAN v. DURHAM

No. 7112.

356 S.W.2d 377 (1962)

Paul H. DUNCAN v. Joseph Darwin DURHAM, Panhandle and Santa Fe Railway Company, and Gerald Howard Gately.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied April 16, 1962.

Attorney(s) appearing for the Case

Ray & Knudtson, Amarillo, R. Dale Winget, Amarillo, of counsel, for appellant.

Culton, Morgan, Britain & White, Simpson, Adkins, Fullingim & Hankins, Lewis Jeffrey, Amarillo, McLeod, Mills, Shirley & Alexander, Galveston, for appellees.

CHAPMAN, Justice.

This is an appeal by Paul H. Duncan from an instructed verdict against him and in favor of all defendants below.

Mr. Duncan sued Gerald Howard Gately and the Panhandle and Santa Fe Railway Company for personal injuries growing out of alleged ordinary negligence. He then alleged numerous grounds of ordinary negligence against Mr. Durham and attempted to allege gross negligence as follows: "* * * said acts of negligence constituted gross negligence...

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