El Paso Electric Co. v. Whitenack

This suit was originally instituted in the district court of El Paso county, Tex., by Randall Whitenack and wife, Catherine Whitenack, defendants in error, against El Paso Electric Company, plaintiff in error, for damages for personal injuries alleged to have been sustained by the wife and damages to their automobile and expenses for a doctor. Plaintiffs in the district court alleged negligence on the part of the electric company and also alleged discovered peril. Only the issue of discovered peril was submitted to the jury. The case was submitted to the jury on special issues, and the court…