Stewart v. Frazier

BATEMAN, Justice.

The appellant J. E. Stewart was the defendant in this property damage suit arising out of an automoble collision, and appeals from the judgment rendered in favor of appellee James F. Frazier in a nonjury trial. Appellant raises two points of error on appeal.

The first complains of the action of the trial court in deeming appellee’s request for admissions Nos. 1, 2, 3 and 4 as admitted because of appellant’s failure either to admit or deny the truth thereof. Pursuant to Rule 169, Vernon’s Texas Rules of Civil Procedure, appellant was requested to admit, inter alia, that at the…