Modica v. Howard

WALKER, Chief Justice.

On the 19th day of October, 1939, while walking north on Irving street, Beaumont, appellee, Jerome Howard, was struck and injured by appellant, Joe Módica, while backing his big oil truck from his filling station into Irving street. In this case ap-pellee, on the verdict of a jury answering special issues, was awarded judgment for $1,000 in damages for the personal injuries suffered by him.

Appellant complains that the court erred in refusing to submit to the jury his requested issues, under his plea of contributory negligence, whether appellee (a) “failed to keep a…