Brown v. Goldstein

Finding myself in disagreement with the other members of the court, I would like to record my respectful dissent. I agree with the majority’s holding that points of error one, three, four and six should be overruled; therefore, I will discuss only points of error two and five.

Points of error two and five concern the court’s denial of requested special issues. In point of error two, appellant asserts that the trial court erred in refusing to submit a special issue on Adele Goldstein’s failure to keep a proper look out. Point of error five claims that the trial court erred in failing to submit…