Consolidated Furniture Company v. Kelly

COLEMAN, Justice.

This is a suit for damages for personal injuries growing out of a collision between an automobile driven by appellee and a truck owned by appellant. The case was tried before a jury which found appellant guilty of acts of negligence and gross negligence and found appellee guilty of acts of contributory negligence. The jury found in favor of appellee (plaintiff in the trial court) on certain issues establishing the “discovered peril” theory of recovery. The trial court entered judgment in favor of the plaintiff for his actual damage as found by the jury.

The principal question…