ELSE v. HAWKS

No. 6533.

284 S.W.2d 413 (1955)

Daniel H. ELSE, Appellant, v. John P. HAWKS, d/b/a Jung Drive-In, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied December 5, 1955.


Attorney(s) appearing for the Case

Merchant & Fitzjarrald, Amarillo, for appellant.

Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, for appellee.


MARTIN, Justice.

Daniel H. Else, appellant, while entering the Jung Drive-In owned by John P. Hawks, appellee, cut his right wrist on the glass in the main entrance door. It is appellant's theory that the panel of glass in the entrance door was cracked and that the defect was the proximate cause of appellant's right hand going through the glass and being injured. On completion of the evidence, the trial court instructed a verdict in favor of the appellee. Since the...

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