Kainer v. Walker

WALKER, Justice.

This suit was brought by James W. Walker, respondent, to recover for damages alleged to have been sustained in an inter-sectional collision between the automobile he was driving and a truck owned by Milton Kainer and driven by the latter’s employee, Robert Miles. Kainer and Miles were defendants in the trial court and are petitioners here. The trial court rendered judgment for respondent on the jury verdict, and the Court of Civil Appeals affirmed. 366 S.W.2d 249.

Negligence on the part of Miles was alleged by respondent only in general terms, and petitioners did not except to…