Barnes v. Price

GRAVES, Justice.

Over the protests of the appellant that the evidence did not raise them, the trial' court submitted this cause to a jury upon special-issues, correctly embodying the essential elements of the doctrine of discovered-peril alone; upon a verdict answering them all in the appellee’s favor, it, likewise against appellant’s opposition, entered the judgment at bar against him, and: in favor of the appellee.

Under appropriate points-of-error, the-appellant earnestly renews his single con--*658tention so made below, that the evidence failed to raise such issues, or to properly invoke the…