Beck v. Browning

GERMAN, Commissioner.

Defendant in error, R. L. Browning, who will be designated plaintiff, instituted this suit in the district court of Harris county to recover of F. C. Beck, plaintiff in error, damages for personal injury. Plaintiff in error will be referred to as defendant. At the conclusion of plaintiff’s evidence the trial court instructed a verdict in favor of the defendant. The judgment of the trial court was reversed by the Court of Civil Appeals, and the cause was remanded for another trial. 73 S.W.(2d) 626.

The testimony of plaintiff showed, or tended to show, that on the occasion…