Continental Oil Co. v. Simpson

REYNOLDS, Chief Justice.

In this action to recover monetary damages for the wrongful death of Samuel Virgil Simpson, the jury’s answers to the submitted special issues failed to convict defendant Continental Oil Company, but convicted Simpson, of negligence proximately causing the occurrence from which his death resulted. The trial court determined that the failure of Continental to comply with a provision of tariff rules promulgated by the Railroad Commission of Texas was negligence per se and found as a matter of law, contrary to the jury’s failure to factually find, that such noncompliance…