Eusebio Guerrero Guillen, Plaintiff-Appellant-Cross v. Thomas Kuykendall, Defendant-Cross and C. R. Kuykendall

Plaintiff, Eusebio Guerrero Guillen, a Mexican alien, was shot by the defendant, Thomas Kuykendall, on the Texas ranch owned by Thomas Kuykendall’s father, C. R. Kuykendall. The father was also named as a defendant. The plaintiff sued to recover damages. The case was tried to a jury. The only issue that went to the jury was the amount of damages. The trial judge had decided as a matter of law that Thomas Kuyken-dall was responsible for the shooting. Plaintiff was awarded $12,500 in damages.

Plaintiff contends that the trial court erred because (1) it held as a matter of law that under the…