Cloud v. Zellers

This is a personal injury case. Respondent Zellers was plaintiff in the trial court and Dudley R. Cloud and Bruce B. Cloud, doing business under the partnership name of Dudley R. Cloud & Son, were defendants. The parties will be referred to in this opinion as plaintiff and defendants.

*255Trial before a jury resulted in a verdict and judgment for the defendants. The Court of Civil Appeals reversed the judgment and remanded the cause for re-trial. 302 S.W. 2d 467.

Under contracts with the State Highway Commission defendants were engaged in the reconstruction of a section of U.S. Highway 83 in Zapata…