Duncan v. Smith

SMITH, Justice.

Respondents’ motion for rehearing is overruled. However, the opinion delivered on April 28, 1965, is withdrawn and the following is substituted therefor.

Two suits for damages resulting from the death of John Milton Smith and injuries sustained by Ewell D. Smith were filed in the District Court of Kaufman County, Texas. By agreement the suits were consolidated. The consolidated suit went to trial to the court and a jury. Ewell D. Smith, Mrs. Margaret Griggs Smith, Gloria Jeanette Smith, Shirley Kay Smith and Beverly Johnette Smith, as Plaintiffs, sought to recover damages…