Stedman Fruit Co. v. Smith

This is a companion case with Stedman Fruit Company v. Smith (Tex. Civ. App.) 28 S.W.(2d) 622, to which reference is made for a detailed statement of the facts of the accident resulting in the damages sued for.

By its first proposition, appellant asserts that the form of issue No. 16, submitting unavoidable accident, was error.

Issue No. 16. “Do you find, from a preponderance of the evidence that plaintiff’s injuries (if any) were the result of an unavoidable accident, as that term has been heretofore defined to you?”

Rosenthal v. Hillebrandt (Tex. Civ. App.) 299 S. W. 668, affirmed on this…