Husser v. School District No. 11 in County of El Paso

Opinion by

Mr. Justice Frantz.

Husser sued the School District and Preston for damages for personal injuries which, he alleged, resulted from the negligence of the defendants. Besides the general issue, the defendants pled affirmative defenses of contributory negligence, assumption of risk, and unavoidable accident.

At the conclusion of the evidence, the defendants moved for a directed verdict, and the trial court, in granting the motion, stated:

“The Court orders a verdict in favor of the defendant, William Preston, for the reason no negligence is shown on his part for the reason he owed no duty…