Hinojosa v. Stephens

BARRON, Justice.

This is an automobile collision case involving an application of the doctrine of discovered peril.

The trial court submitted issues of fact to the jury who found that Jimmie Hino-josa, the defendant, was guilty of negligence proximately causing the accident in four particulars but found that the plaintiff, Kenneth Wayne Stephens, parked his automobile where a person of ordinary prudence would not have parked and that such parking was a proximate cause of the accident. The plaintiff was thus convicted of contributory negligence. However, by special issues numbers 9, 10 and 11,…