Abalos v. Oil Development Co. of Texas

526 S.W.2d 604 (1975)

Henry ABALOS, Appellant,

v.

OIL DEVELOPMENT COMPANY OF TEXAS, Appellee.

No. 8529.

Court of Civil Appeals of Texas, Amarillo.

July 7, 1975.

Rehearing Denied August 25, 1975.

Second Rehearing Denied September 15, 1975.

Warren Burnett Associated, Richard J. Clarkson, Odessa, for appellant.

Gibson, Ochsner, Adkins, Harlan & Hankins, S. Tom Morris, Amarillo, for appellee.

REYNOLDS, Justice.

The trial court instructed a verdict against plaintiff in his action for personal injury damages founded on the doctrine of discovered peril. The instructed verdict was proper because there is no…