Hamilton v. Goodson

COLEMAN, Chief Justice.

This is an appeal from a judgment for property damage arising out of an automobile collision. The case was tried to the court without a jury. Findings of fact and conclusions of law were filed. A judgment was entered for the plaintiff. The judgment will be reversed.

The principal issue to be determined on this appeal is whether this suit was “commenced and prosecuted within two years after the cause of action shall have accrued” as provided in Article 5526, V.A.T.S. The trial court found as a fact that Robert S. Goodson, the plaintiff, exercised due diligence in…