Schwab v. Stewart

CHAPMAN, Justice.

The following opinion is in lieu of our opinion announced on September 21, 1964.

This is an appeal by Donald Schwab from a judgment based upon a jury verdict for Bobby Glen Stewart, individually and on behalf of his wife, Zola Mae Stewart, growing out of a collision between Mr. Schwab and Mrs. Stewart.

The first two points assert reversible error for the failure of the court to give appellant’s special requested Issue No. Nine tendered in the language of Article 6701d, Section 61(a), inquiring if Mrs. Stewart was following the pickup driven by appellant “more closely than was…