Hurley v. McMillan

CODY, Justice.

This was an action between appellee, U. S. McMillan, and appellant, Charles W. Hurley, to recover damages for personal injuries, as' well as for damage to appellee’s automobile, alleged to have been caused by the negligence of appellant, Charles W. Hurley, when the automobiles of the parties collided after dark on December 13, 1951, near El Campo, Texas. Appellant has represented, and appellee has not denied, that the collision occurred on the shoulder of the highway on appellant’s side of the highway. Appellee based his cause of action upon the alleged failure of appellant to-…