Schumacher Co. v. Posey

This cause is here solely on the question of whether the trial court erred in declining to submit to the jury issues on discovered peril which had been requested by the plaintiff, Marcus L. Posey. In his action for damages growing out of a highway traffic collision, a jury convicted him of contributory negligence and the judgment of the district court was against him. The Court of Civil Appeals concluded there was no error in failing to submit discovered peril to the jury and remanded the cause to the district court for another trial. 212 S. W. (2d) 199.

Posey sued The Schumacher Company for…