Isaacs v. Plains Transport Company

Petitioners recovered a trial court judgment against respondent for damages growing out of a rear-end collision. The Court of Civil Appeals reversed the judgment and remanded the cause for retrial because of the failure of the trial court to include the element of new and independent cause in its definition of proximate cause, and its failure to define new and independent cause. 361 S.W.2d 919.

We have concluded that the issue of new and independent cause was not raised by the evidence adduced on the trial. The judgment of reversal and remand cannot stand on that ground. However, it is our…