Fenner v. Brockmoller

OPINION

CLAYTON, Justice.

This is an original proceeding in this court requesting Writ of Mandamus directed to the Judge of the District' Court of El Paso County, Texas.

The original suit, from which this matter arose, is a damage suit arising out of an automobile collision in which one J. A. Hovel, Jr. was plaintiff in the court below and Richard G. Fenner, Relator here, was defendant. The matter was tried to a jury and submitted on special issues. The jury failed to answer Special Issues Nos. 1 and 3, inquiring whether the defendant failed to keep a proper lookout and failed to apply his…