Boddy v. Canteau

I cannot agree that the trial court properly refused to submit an issue on unavoidable accident. This defense was affirmatively pleaded by appellant, and timely requested by proper issue and definition.

I am fully aware of the rule that if the evidence does not raise the issue that something other than the negligence of one of the parties caused the injuries, then it does not raise the issue of unavoidable accident. See Mason v. Ratcliff, 437 S.W. *9162d 320 (Tex.Civ.App.—San Antonio 1969, no writ); Miles-Sierra Co. v. Castillo, 398 S.W.2d 948 (Tex.Civ.App.—San Antonio 1966, writ ref’d n. r. e.).…