Montgomery v. Pagan

McDONALD, Chief Justice.

This is an automobile collision case. Plaintiff alleged that the car which he was driving was struck in the rear by the car driven by the defendant, and that he received serious injuries as a result. Trial was to a jury which, in answer to Special Issues, found: 1) Defendant did not operate his automobile at an excessive speed; 2)defendant did not fail to make proper application of his brakes; 3) defendant did not fail to keep his automobile under proper control; 4) defendant failed to sound his horn as he attempted to pass plaintiff’s automobile; 5) such failure was…