East Texas Public Service Co. v. Johnson

(after stating the facts as above). The court refused appellant’s requested peremptory instruction, and submitted the case to the jury on special issues. The appellant’s objections thereto in pertinent propositions are, in effect, that (1) actionable negligence was not shown in the circumstances of the case; (2) the plaintiff was guilty of contributory negligence, as a matter of pure law; (3) special issues Nos. 1, 2, and 3 were each erroneous upon the special grounds enumerated. Issues Nos. 1; 2, and 3, in effect and substance, are as follows:(1)Whether or not the electric company by the…