Pooler v. Klobassa

BARROW, Chief Justice.

Appellants, Orvis J. Pooler and Ella Mae Lee, joined by her husband, James Lee, brought this suit against appellee, Charles E. Klobassa, to recover damages under the Wrongful Death Statute (Arts. 4671-4678, Vernon’s Ann.Civ.St.) for the death of their sixteen-year-old son, Kenneth N. Pooler. The jury found primary negligence and damages against appellee, however, a take-nothing judgment was entered on jury findings of contributory negligence of the deceased.

On January 3, 1965, at about 8:00 p. m., Kenneth and his friend, Mike Follette, were both struck by appellee’s car…