McMath Co. v. Staten

PELPHREX, Chief Justice.

This is the second appeal of this case, the decision of the. court upon the former appeal being reported in 42 S.W.(2d) 649, to which reference is here made for a statement of the nature of the suit and the pleadings of the parties.

The present trial was before a jury, being submitted on forty special issues, which, together with the answers of the jury thereto, are as follows:

“Question No. 1: Do you find from a preponderance of the evidence that the driver of defendant’s truck failed to keep such a lpokout for persons and vehicles on the street in his vicinity as a…