McCARTY v. GAPPELBERG

No. 15559.

273 S.W.2d 943 (1954)

J. T. McCARTY, Appellant, v. Gus GAPPELBERG, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 31, 1954.


Attorney(s) appearing for the Case

Caldwell, Baker & Jordan, and Russell M. Baker, Dallas, for appellant.

Strasburger, Price, Kelton, Miller & Martin, and Royal H. Brin, Jr., Dallas, for appellee.


MASSEY, Chief Justice.

From an adverse judgment in a personal injury case, the plaintiff appealed. A takenothing judgment was returned upon a jury verdict convicting the plaintiff of contributory negligence.

Judgment reversed and remanded.

The question posed by this appeal is whether proof is admissible to show a history of intemperate habits on the part of a plaintiff in the absence of any competent evidence raising an issue as to whether he was intoxicated...

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