Smith v. Young

CODY, Justice.

This is a personal injury suit brought by appellant for damages sustained in a collision which occurred between a car being driven by himself and a bread truck which was being driven by an employee of appel-lee. The collision occurred on November 7, 1936, at the corner of 26th Street and Airline Road within the City of Houston.

The jury answered the issues on primary negligence in favor of appellant, as they did also various issues submitted on contributory negligence. Indeed, it is apparent that appellant would have been entitled to judgment on the jury’s verdict except for the…