Phenix Dairy v. White

GRAVES, Justice.

Mrs. Vera White brought suit individ-' xially and as next friend for her five minor •children, in the district court of Matagorda 'County, Texas, against The Phenix Dairy for damages for the death of her husband, Earl S. White, who was killed instantly, when the car he was driving collided with .a truck operated by an employee of the Phenix Dairy.

The District Court originally ordered a mistrial upon the ground of irreconcilable conflict of the jury findings, (1) that the two Phenix Dairy truck-drivers, at the time •of the collision, acted in an emergency not proximately caused…