ELSESSER v. COTHAM

No. 12417.

250 S.W.2d 591 (1952)

ELSESSER v. COTHAM.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 16, 1952.


Attorney(s) appearing for the Case

Levey & Goldstein, San Antonio, for appellant.

Carl Wright Johnson, Nat L. Hardy, John W. Goode, Jr., San Antonio, for appellee.


NORVELL, Justice.

This is an automobile collision case in which the trial judge found for the plaintiff, K. V. Elsesser, upon negligence and proximate cause issues, but held that the action was barred by the two-year statute of limitations. Article 5526, Vernon's Ann. Civ.Stats.

The collision occurred on August 3, 1947, and suit was not filed until November 25, 1949. Elesser as appellant contends that Cotham is estopped to assert the bar of the statute by...

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