Knight v. Stewart

287 S.W.2d 748 (1956)

Hilman R. KNIGHT, Appellant,

v.

James O. STEWART, Appellee.

No. 14979.

Court of Civil Appeals of Texas, Dallas.

November 18, 1955.

To the Merits on Second Motion for Rehearing February 3, 1956.

Charles Whitener, Dallas, for appellant.

Fred R. Brown, Garland, and John F. Harrison, Dallas, for appellee.

YOUNG, Justice.

As held in original opinion, the record indicating that appellee Stewart was negligent per se in failing to yield the right of way to Knight (the latter having first entered the intersection), defendant's motion to such extent (though nominally for instructed verdict)…