Rogers v. Broughton

NORVELL, Justice.

Appellants, S. J. Rogers and N. Jay Rogers, doing, business as Texas State Op tical Company, brought this suit against Jerome W. Broughton, seeking to restrain appellee from using the trade name “Texas Optical” in connection with his business. A prior and' similar suit arose from ap-pellee’s operations in Waco, Texas. See, Rogers v. Broughton, Tex.Civ.App., 250. S.W.2d 606.

In the present case, the following special issue was submitted to the jury and answered in the negative, viz.:

“Do you find from a preponderance of the evidence that a person with such reasonable care and…