Magee v. Cavins

This action was brought by ap-

pellant, Magee, against appellee, Cavins, to recover damages for injuries alleged to have resulted to appellant by reason of appellee striking appellant with his automobile. Appellant alleged negligence. Appellee answered, denying that he was negligent, and alleged that appellant was guilty of contributory negligence. The case was tried before a jury, and the special issues submitted to the jury and answers returned thereto are as follows:

“No. 3. Did defendant, at a time and place as alleged in plaintiff’s petition, drive an automobile to and towards plaintiff…