Spencer v. Jernigan

CORNELIUS, Justice.

This is a suit to recover damages allegedly resulting from a collision in which the automobile driven by the plaintiff Spencer was struck in the rear by the automobile being driven by the defendant Jernigan. The parties will be referred to as in the trial court.

In answers to special issues the jury found that the defendant was negligent and that his negligence was a proximate cause of the collision, but it also convicted plaintiff of several acts of contributory negligence constituting proximate cause. Among these were findings that plaintiff failed to keep a proper lookout…