Gaines v. Stewart

BAUGH, Justice.

Suit by Stewart against Gaines for damages to his car and for personal injuries resulting from a collision between his car and a truck owned by Gaines and being operated over a public highway in Tom Green county. Upon the jury’s answers to special issues, judgment was rendered in favor of Stewart for $3,604; hence this appeal.

Appellant’s first proposition is that it was error to permit Dr. Nibling, who treated Stewart in May, 1929, for his injuries at the time same were received, to testify as to what Stewart told him in May, 1930, approximately one year thereafter, about pains…