Kirkpatrick v. Hurst

RAY, Justice.

This case arises out of an automobile collision in Lamar County on F.M. Road No. 79 on December 16, 1967. The plaintiff (appellee) brought suit in her own name on January 2, 1970, without the join-der of her husband. Trial was had before a jury in which the jury made findings favorable to plaintiff on the issues of primary negligence, but the jury answered special issues finding the plaintiff guilty of contributory negligence. The court later overruled defendant’s motion for judgment and granted plaintiff’s motion for judgment notwithstanding the verdict of the jury.

The court had…