Berner v. Yarborough Ex Rel. Yarborough

456 S.W.2d 753 (1970)

James BERNER, Appellant,

v.

Alfred Kent YARBOROUGH, As Next Friend for Jeffrey Lee Yarborough, a Minor, Appellees.

No. 7129.

Court of Civil Appeals of Texas, Beaumont.

June 11, 1970.

Rehearing Denied July 16, 1970.

Stafford & Patten, Houston, for appellant.

Lucas & Hudson, Houston, for appellees.

PARKER, Chief Justice.

Upon a consideration of the motions for rehearing filed by the parties, our prior opinion is withdrawn and this opinion substituted in lieu thereof.

The defendant below appeals from a judgment based upon a jury verdict awarding the minor plaintiff $8,000.00 for his…