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LEWIE MONTGOMERY TRUCKING CO. v. SOUTHERN PACIFIC CO.

No. 203.

439 S.W.2d 691 (1969)

LEWIE MONTGOMERY TRUCKING CO. et al., Appellants, v. SOUTHERN PACIFIC COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied April 9, 1969.

Attorney(s) appearing for the Case

Alice Giessel, Talbert, Giessel, Barnett & Stone, Houston, for appellants.

Wm. L. Durham, Howard S. Hoover, Murfee & Hoover, Houston, for appellee.

BARRON, Justice.

This is an action for property damage to a railroad bridge brought by Southern Pacific Company against Lewie Montgomery Trucking Company and its employee, J. B. Lightfoot. The cause of action arose out of an accident on May 3, 1965, when a truck owned by defendant and driven by Lightfoot collided with plaintiff's overpass on U.S. Highway 290, near the City of Burton, in Washington County, Texas. The height of the defendant's truck, as loaded, was...

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