Curd v. HB Zachry Company

CARMODY, Justice.

Defendant (who is the appellant here) seeks a reversal of the judgment awarded in favor of the plaintiff below by reason of injuries grounded on negligence.

The facts found by the trial court are not controverted by the parties, and we recognize them to be the facts on the appeal, even though a great many of them are evidentiary as distinguished from ultimate findings of fact. The trial court adopted, as its own, all of the plaintiff’s requested findings and, in addition, some twenty-five out of thirty-three of the defendant’s requests, with no apparent effort to make its own…