RODRIQUEZ v. ZAVALA

No. 12867.

279 S.W.2d 604 (1955)

A. H. RODRIQUEZ, Appellant, v. Crisogono ZAVALA, Appellee.

Court of Civil Appeals of Texas, San Antonio.

May 18, 1955.


Attorney(s) appearing for the Case

Greenwood & Russell, Harlingen, for appellant.

Smith & McIlheran, Weslaco, for appellee.


POPE, Justice.

A. H. Rodriquez, owner of the Blue Top Taxi Company, has appealed from a judgment upon jury findings that the driver of a Blue Top Taxicab was negligent in running into the side of a train, which negligence proximately caused personal injuries to the plaintiff and his wife who were passengers in the taxicab. Appellant insists that the trial court erred (1) because it submitted an issue about proximate cause when the plaintiff only alleged that the acts...

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