Pennington Produce Co. v. Wonn

The special issues 1 and 3, respectively, are made the subject-matter of error in presuming negligence as a matter of pure law, and in not requiring of the jury the finding of negligence vel non in the circumstances. The evidence affirmatively showed that the truck was equipped with and carried for use a tail-light, but is conflicting as to whether or not it was kept lighted while the truck was standing on the highway at the time of the injury in suit. The sole disputed fact was that of whether or not the light was kept burning while the truck was parked. Issue No. 1 required a finding by the…