Martinez v. Martinez

McKAY, Justice.

This is an appeal from an instructed verdict granted in a suit brought by appellant seeking money damages for the loss of sight in his left eye alleged to have been sustained as a result of the negligence of ap-pellee by discharging a “bottle rocket” which struck appellant. This act was alleged to be negligence per se as a violation of Section 26-15 of the City Code of San Antonio prohibiting the use of fireworks without a permit. 1 Appellee answered alleging that several acts of appellant constituted contributory negligence and that at the time of the accident appellant was a…