Smith v. Whitehead

BELL, Chief Justice.

Our opinion rendered on November 8, 1962 is hereby withdrawn and the following is, on motion for rehearing by appel-lee, substituted as the opinion of the Court.

D. J. Smith sued appellee to recover damages for injuries suffered by his wife, Lee Ethel Smith, when an automobile driven by his wife was in collision with a pickup truck driven by appellee. The jury failed to find appellee guilty of any negligence that was a proximate cause of the injury and the court entered judgment favorably to ap-pellee.

Appellants contend that the jury’s answer that appellee entered the…