Kennedy v. American National Insurance

Mr. Judge Martin,

of the Commission of Appeals, delivered the opinion for the Court.

The parties will carry here their trial court designation.

Plaintiffs recovered judgment against defendant as the result of an automobile collision. That judgment was reversed and rendered by the Court of Civil Appeals. See American National Insurance Company v. Kennedy, 101 S. W. (2d) 825, where the facts are fully stated.

We agree in part with the conclusion reached by the Court of Civil Appeals, and write in the hope that we may be able to clarify, in some degree, a subject involved in considerable confusion.…