Willingham v. Hagerty

REYNOLDS, Justice.

Two opposing claimants were equally negligent in causing a collision and the trial court, acting under the Texas Comparative Negligence Act, decreed that they recover from each other one-half of the damages respectively sustained. The failure ■ to strike a balance in favor of the claimant liable for the lesser amount" results in an interlocutory order from which an appeal is not authorized. Dismissed.

An agreed statement of facts discloses that an automobile driven by Leona Will-ingham and one driven by Michael Joseph Hagerty, who was accompanied by his wife, collided in…