Oden v. Texas & P. Ry. Co.

(after stating the facts as above). [1] The appellants insist that the answers of the jury to the issues submitted to them are so contradictory and inconsistent with each other as to afford no proper basis for judgment in favor of either the plaintiffs or defendant. It is contended, first, that the company and the injured party both were found guilty of negligence, and that the negligence of each “proximately caused the injury”; that the finding that negligence of both parties was “the proximate cause of the injury” is inconsistent and amounts to no determinative finding of fact. It is…