Barker v. Kidd

RICHARDS, Justice.

Maurice E. Kidd, appellee, instituted suit in the District Court of McCulloch County against W. Owen Barker, appellant, to recover damages to and loss of use of his automobile arising out of a collision with an automobile operated by appellant. Appellant answered by general denial and plea of contributory negligence and in the alternative alleged that the collision was the result of an unavoidable accident. Pursuant to Rule 216, Texas Rules of Civil Pro-dure, on March 5, 1959, appellant demanded a jury and paid the jury fee.

The case was set for trial on May 15, 1961 but no…