BARNES v. PRICE

No. 12148.

226 S.W.2d 657 (1949)

BARNES v. PRICE et al.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied January 26, 1950.


Attorney(s) appearing for the Case

F. Warren Hicks, of Houston, for appellant.

John L. Hill, Jr., of Houston, Helm & Jones of Houston, of counsel, for appellees.


GRAVES, Justice.

Over the protests of the appellant that the evidence did not raise them, the trial court submitted this cause to a jury upon special-issues, correctly embodying the essential elements of the doctrine of discovered-peril alone; upon a verdict answering them all in the appellee's favor, it, likewise against appellant's opposition, entered the judgment at bar against him, and in favor of the appellee.

Under appropriate points-of-error, the appellant...

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