Texas, New Mexico & Oklahoma Coaches, Inc. v. Williams

McGILL, Justice.

I concur in affirmance of the Trial Court’s judgment. Defendant’s requested special issue No. 14 relating to new and independent cause which was refused is copied in Judge Sutton’s opinion. The only pleading referring to new and independent cause was “Further specially answering, in the alternative defendant says the collision in question was an unavoidable accident, or a new and independent cause, or both”. It is apparent that no facts were pled which tended to show that the collision was the result of a new and independent cause. In my opinion an issue of new and independent…