Legal Opinion · Dissent

Biggers v. Continental Bus System, Inc.

Texas Supreme Court

Decided December 12, 1956No. A-5280Published

1DissentCalvert, Justice

I respectfully dissent.

To affirm the judgment of the Court of Civil Appeals this Court must nullify jury findings which established three grounds of liability of Continental Bus System based on the negligence of its bus driver-in (1) failing to keep a proper lookout, (2) failing to apply his brakes, and (3) driving at an excessive rate of speed. The majority have reached their ultimate conclusion of no liability on the part of the Bus System by nullifying all findings of proximate cause. They apparently assume that the three findings of negligence have support in the evidence, but conclude…

2Cases cited17 opinions

  1. Carey v. Pure Distributing Corp.Texas Supreme Court · 1939
  2. Hopson v. Gulf Oil Corp.Texas Supreme Court · 1951
  3. Vietmeier v. VossSupreme Court of Missouri · 1952
  4. San Antonio & A. P. Ry. Co. v. BehneTexas Commission of Appeals · 1921
  5. Liberty Film Lines, Inc. v. PorterTexas Supreme Court · 1941

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