East Texas Theaters, Inc. v. Swink

Mr. Judge Slatton,

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

H. T. Swink recovered a judgment against East Texas Theaters, Inc., for personal injuries. The judgment was affirmed by the Texarkana Court of Civil Appeals, Mr. Justice Hall dissenting. 173 S. W. (2d) 224. The jury, among others, made the following findings:

“Special Issue No. 14:

“Do you find from a preponderane of the evidence that the defendant, its agents and employees knew of the existence of the pit or opening in the floor of the stage of the Palace Theater?

“Answer ‘Yes’ or ‘No.’

“Answer: Yes.

“If you have…