Osteen v. Crumpton

AKIN, Justice.

Plaintiff, Eddie Osteen, appeals from an adverse judgment of the trial court based upon jury findings of contributory negligence proximately causing the collision in question and his resulting damages.

This judgment is affirmed on two grounds: (1) Plaintiff’s objections to the court’s charge failed to comply with Texas Rules of Civil Procedure, rule 274 * and are waived; and (2) Under Rule 45, defendant’s pleadings of contributory negligence gave fair notice to plaintiff of what defendant intended to prove at trial.

Plaintiff’s sole contention is that the issues of contributory…