Southern Methodist University v. Clayton

Mr. Judge Brewster,

of the Commission of Appeals, delivered the opinion for the Court.

During a football game between the teams of petitioner, Southern Methodist University, ánd Texas A. & M. College, at Dallas, on November 9, 1940, a temporary bleacher collapsed. This is a suit by respondent, J. B. Clayton, to recover damages for injuries sustained by his wife, who was seated in the bleacher when it fell. After Clayton rested his case the trial court sustained the university’s motion for an instructed verdict. That action was reversed by the Court of Civil Appeals and the cause was remanded…